Gujarat High Court Case Information System Print SCA/9079/2004 3/ 3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 9079 of 2004 For Approval and Signature: HONOURABLE MR.JUSTICE K.A.PUJ ====================================== 1. Whether Reporters of Local Papers may be allowed to see the judgment ? 2. To be referred to the Reporter or not ? 3. Whether their Lordships wish to see the fair copy of the judgment ? 4. Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5. Whether it is to be circulated to the civil judge ? ====================================== KUSUMBEN CHANDULAL CHUNILAL & 2 - Petitioners Versus STATE OF GUJARAT THRO' THE SECRETARY & 5 - Respondents ====================================== Appearance : MR RM CHHAYA for Petitioners. MR NIKUNT RAVAL, AGP for Respondent Nos.1 - 3. MR KK TRIVEDI for Respondent Nos.4 - 5. DS AFF.NOT FILED (R) for Respondent No. 6. ====================================== CORAM : HONOURABLE MR.JUSTICE K.A.PUJ Date : 04/03/2010 ORAL JUDGMENT
petitioners have filed this petition under Article 226 of the
Constitution of India praying for the direction to the respondent
authorities to decide the application dated 09.01.2004 Annexure A to
Court has issued Rule on 27.07.2004.
subject matter of this petition is also the subject matter of
Special Civil Suit No.294 of 2003 which is still pending before the
Competent Court. It is, however, stated that in the said suit, the
State is not a party and hence, the representation is made to the
when the Civil Suit is pending, the Court does not entertain the
petition filed under Article 226 of the Constitution of India. In
the present case, even at the time of filing this petition, civil
suit is pending and still the Court has admitted the petition.
the above view of the matter, while disposing of this petition, the
Court directs the respondent authority to decide the petitioners’
application dated 09.01.2004, if not decided so far, in accordance
with law as expeditiously as possible.
discharged without any order as to costs.
[K. A. PUJ, J.]