SCA/2569/1996 of YASIN FAKIR MAHOMAD Vs STATE OF GUJARAT on 23 December 1996

1. Whether Reporters of Local Papers may be allowed to see the judgements?

2. To be referred to the Reporter or not?

3. Whether Their Lordships wish to see the fair copy of the judgement?

4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder?

5. Whether it is to be circulated to the Civil Judge?

-------------------------------------------------------------- YASIN FAKIR MAHOMAD

Versus

STATE OF GUJARAT

-------------------------------------------------------------- Appearance:

M/S THAKKAR ASSOC. for Petitioner

SERVED BY DS for Respondent No. 1, 2

-------------------------------------------------------------- CORAM : MISS JUSTICE R.M.DOSHIT

Date of decision: 23/12/96

ORAL JUDGEMENT

Petitioner is aggrieved by initiation of proceedings, for breach of conditions of grant, initiated by the Deputy Collector, Khambhalia. Petitioner has alleged that the Deputy Collector had a grudge against the petitioner and is harassing the petitioner. The petitioner has, therefore, claimed that the matter pending against the petitioner for breach of condition before the Deputy Collector, Khambhalia, be transferred to another officer.

Be it noted that the Deputy Collector against whom the allegations of mala fide are made, has not been impleaded to this petition. Petition, therefore, cannot be entertained. Besides, Mr.Pahwa, learned Advocate appearing for the petitioner states that the Deputy Collector concerned, has been transferred and another officer has taken over charge as Deputy Collector, Khambhalia. In that view also, the matter does not require to be entertained. Petition is, therefore, dismissed.

Rule is discharged.

Ad-interim order is vacated. There shall be no order as to costs.

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