Gujarat High Court

SCA/3115/1991 of VASAVA KANCHANBHAI D Vs STATE OF GUJARAT on 24 December 2004

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HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 3115 of 1991 For Approval and Signature: HON'BLE MR.JUSTICE K.A.PUJ ============================================================ 1. Whether Reporters of Local Papers may be allowed : YES to see the judgements? 2. To be referred to the

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CIVIL APPLICATION No 3115 of 1991

For Approval and Signature:

HON'BLE MR.JUSTICE K.A.PUJ

============================================================

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1. Whether Reporters of Local Papers may be allowed : YES

to see the judgements?

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 concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals?

-------------------------------------------------------------- VASAVA KANCHANBHAI DAHYABHAI AND OTHERS

Versus

STATE OF GUJARAT AND OTHERS

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

1. Special Civil Application No. 3115 of 1991

MR PH PATHAK for Petitioners. MR AJ DESAI, AGP for Respondent No. 1 MR NAYAK FOR M/S TRIVEDI & GUPTA for Respondent No. 2

-------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE K.A.PUJ

Date of decision: 24/12/2004

ORAL JUDGEMENT

This Court has passed an order on 17.12.2004

observing that before passing any order, the present status of the petitioners is required to be known. Mr. Nayak, learned advocate appearing for the respondent No.2 has submitted that a responsible officer with relevant records will remain present on the next date of hearing and the matter was adjourned to today i.e. 24.12.2004.

2. Today when the matter is called out, Mr. Nayak has furnished a statement showing the present status of all the seven petitioners. As per the said statement, Mr. Somabhai Parbhubhai Tadvi who is at No. 1 in the statement attached at Annexure B to this petition was transferred to Colony Unit No.4/1, Sumanbhai Chandubhai Tadvi who is at No. 2 was transferred to Nasvadi, Kanchanbhai Dahyabhai Vasava who is at No. 3 was transferred to Dabhoi, Ramanbhai Jesingbhai Tadvi who is No. 4 has expired, Shanabhai Ranchhodbhai who is No. 5 was transferred to Kadi, Sukhjibhai Dalpatbhai who is at No. 6 has left the service and Narendrabhai Laxmanbhai Tadvi who is at No. 7 was transferred to Kadi. All the petitioners who were transferred had resumed their duties at their transferred place.

3. In view of the aforesaid statement, the challenge made with regard to the transfer does not survive. With regard to the petitioners prayer for regularisation, it is open for them to make appropriate representation before the authorities and the said representation would be considered in accordance with law.

4. With the aforesaid direction and observation, the petition is accordingly disposed of. Rule discharged without any order as to costs.

�����[K.A. PUJ, J.]

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