LPA/896/2000 of NITISHRI NON-TRADING CORPORATION,THROUGH PRESIDENT Vs STATE OF GUJARAT, THROUGH SECRETARY on 27 December 2001

1. Whether Reporters of Local Papers may be allowed : NO

to see the judgement?

2. To be referred to the Reporter or not? : NO

3. Whether Their Lordships wish to see the fair copy : NO

of the judgement?

4. Whether this case involves a substantial question : NO

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? : NO

-------------------------------------------------------------- NITISHRI NON-TRADING CORPORATION, THROUGH PRESIDENT

Versus

STATE OF GUJARAT, THROUGH SECRETARY

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

Mr. Hakim, for the Appellant.

RULE SERVED for Respondents No. 1-3

Ms.Gajjar, Assistant GOVERNMENT PLEADER, for Respondents No. 1-3

MR AS VAKIL for Respondent No. 4

RULE NOT RECD BACK for Respondent No. 4

-------------------------------------------------------------- CORAM : MR.JUSTICE J.M.PANCHAL

and

MR.JUSTICE P.B.MAJMUDAR

Date of decision: 27/12/2001

ORAL JUDGEMENT

(Per : MR.JUSTICE J.M.PANCHAL)

As the hearing of the suit is expedited, the learned counsel for the appellant seeks permission to withdraw the appeal. In Civil Application No.6264 of 2001, the appellant has made a prayer to direct the Police Commissioner to provide full police protection so as to enable the applicant as well as the flat owners to use the property. In this regard, we find that the applicant has submitted an application dated December 12, 2000 to the Commissioner of Police, Ahmedabad, requesting to grant police protection. However, the record does not show that the said application is considered by the Commissioner of Police, Ahmedabad. Under the circumstances, the Commissioner of Police, Ahmedabad, is directed to consider the said application and pass appropriate orders within four weeks from the date of receipt of this order. The Office is directed to send copy of this order to the Commissioner of Police, Ahmedabad City, immediately for necessary action.

Subject to the above-referred to direction, permission to withdraw the appeal is granted. The appeal stands disposed of as withdrawn with no orders as to costs.

In view of the above direction given while disposing of the appeal, Civil Application No.6264 of 2001 does not survive. Hence, it is rejected.

disposing of the appeal, Civil Application No.6264 of 27th December, 2001��( J.M. Panchal, J. )

����( P.B. Majmudar, J. )

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(apj)