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SCA/8761/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8761 of 2011
=========================================================
VERAVAL
BAR ASSOCIATION THROUGH PRESIDENT HASANALI S HIRANI - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 2 - Respondent(s)
=========================================================
Appearance
:
MR
HRIDAY BUCH for
Petitioner(s) : 1,
MR JASWANT K SHAH LEARNED ASSISTANT GOVERNMENT
PLEADER for Respondent(s) : 1,
NOTICE SERVED for Respondent(s) :
2,
MR NV ANJARIA for Respondent(s) :
3,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 26/09/2011
ORAL
ORDER
This
petition, under Article 226 of the Constitution of India, has been
filed, with the following prayers:
“(A) Your
Lordship may be pleased to Admit and Allow this petition;
(B) Your
Lordship may be pleased to issue a writ of mandamus or a writ in the
nature of mandamus or any other appropriate writ, order or direction
directing the respondents to confer the powers of a Special Court
under Section 153 of the Electricity Act, 2003 upon the Additional
District and Sessions Judge at Veraval, in the interest of justice;
(C) Pending
admission, hearing and final disposal of this petition, Your Lordship
be pleased to direct the respondents to consider the decide the
representations made by the petitioner Association as expeditiously
as possible;
(D) Your
Lordship be pleased to pass such other and further orders as may be
deemed fit, just and proper in the peculiar facts and circumstances
of the present case.”
Briefly
stated, the facts of the case are that, the petitioner is an
Association of Advocates practicing in the Civil and District Courts
at Veraval. The issue pertains to the constitution of the Special
Court under Section 153 of the Electricity Act, 2003. It is the case
of the petitioner-Association that, there is only one such Court
functioning in the entire District of Junagadh, which has 14 Talukas.
In view of the fact that though there are other
Additional Sessions Judges functioning in the Sub-Divisions of
Veraval and Una, and who have not been vested with power under
Section 153 of the Electricity Act, 2003, and as the distance between
Junagadh and other Talukas of the said District is considerable, the
Advocates and public at large, are facing
great inconvenience.
When
the matter is taken-up, today, Mr.Hriday Buch, learned advocate for
the petitioner, states that the petitioner may be permitted to make a
fresh representation to the Registrar General, High Court of Gujarat
(respondent No.3), who may be directed to consider the same and take
appropriate action thereupon, as expeditiously as possible.
Mr.N.V.
Anjaria, learned advocate for respondent No.3, states that if such a
representation is made by the petitioner, it shall be considered, in
accordance with law and be placed before the Competent Authority, for
necessary action.
Upon
the above statement being made by the learned advocate for the
petitioner, the following order is passed:
The
petitioner may make a fresh representation to respondent No.3, within
a period of two weeks from today. On receipt of the said
representation,
respondent No.3 may consider and take appropriate action thereupon,
as expeditiously
as possible.
The
petition is disposed of, in the above terms, without entering into
the merits of the case.
Direct
Service of this order, is permitted.
(Smt.
Abhilasha Kumari, J.)
rakesh/
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