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SCA/4581/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4581 of 2010
TO
SPECIAL
CIVIL APPLICATION No. 4596 of 2010
===================================
VIJAY
ROADLINES - THROUGH PROPRIETOR VIJAYBHAI - Petitioner
Versus
UNION
OF INDIA & 6 - Respondents
===================================
Appearance
:
MR
MAYUR H MALKAN for Petitioners.
None for
Respondents.
===================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 13/04/2010
COMMON ORAL ORDER
The
petitioners have filed these petitions under Article 226 of the
Constitution of India praying for direction to the respondent No.4
to decide the second appeal of the petitioners considering the facts
narrated in the petitions.
Mr.
Mayur H. Malkan, learned advocate appearing for the petitioners has
submitted that identical issue was involved in Special Civil
Application No.4013 of 2010 and this Court disposed of the said
petition on 01.04.2010 giving certain directions to the respondent
authorities. He has, therefore, submitted that the present
petitions may be disposed of on the same line and same directions be
issued to the respondent authorities.
In
the present group of petitions, the petitioners have filed appeals
before the Divisional Railway Manager, Western Railway, Mumbai
challenging the actions taken by the respondent authorities.
Despite the fact that considerable time has elapsed, no such appeals
have been decided by the respondent authorities. He has, therefore,
submitted that appropriate direction may be issued to the
respondents to decide the second appeals filed by the petitioners.
Having
heard learned advocate appearing for the petitioners and having gone
through the contentions of the petitioners as well as the
documentary evidence produced on record, the grievance of the
petitioners is that the second appeals which are filed by the
petitioners before the respondent No.4 authority are pending since
long and these appeals are already ripe for hearing and the issue
being of recurring nature, the decision should have been taken by
the respondent authorities as expeditiously as possible.
In
this view of the matter, the respondent No.4 is hereby directed to
decide the second appeals preferred by the petitioners as
expeditiously as possible, preferably within a period of three
months from the date of receipt of certified copy of this order or
writ from this Court, whichever is earlier, after affording an
opportunity of hearing.
With
the aforesaid directions, all these petitions are disposed of. D.S.
permitted.
Office
is directed to place copy of this order in each connected petitions.
Sd/-
[K. A. PUJ, J.]
Savariya
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