Gujarat High Court

SCA/1266/1992 of A C BHARGAV Vs STATE OF GUJARAT on 29 November 2002

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HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 1266 of 1992 For Approval and Signature: Hon'ble MR.JUSTICE H.H.MEHTA ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CIVIL APPLICATION No 1266 of 1992

For Approval and Signature:

Hon'ble MR.JUSTICE H.H.MEHTA

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

-------------------------------------------------------------- A C BHARGAVVersus STATE OF GUJARAT -------------------------------------------------------------- Appearance: MR DR BHATT for Petitioner MR HD DAVE, AGP for Respondent No. 1-2 -------------------------------------------------------------- CORAM : MR.JUSTICE H.H.MEHTA

Date of decision: 29/11/2002

ORAL JUDGEMENT 1. Heard Mr.D.R.Bhatt, learned advocate for the petitioner and Mr.H.D.Dave, learned AGP for the respondents.

2. During the course of arguments, Mr.D.R.Bhatt, learned advocate for the petitioner submits that this Special Civil Application be disposed of by giving

3. In view of the facts and circumstances of the case and in view of the order dated 22nd November, 2002 passed by this Court in Special Civil Application No.11175 of 1993, the respondents are directed to decide the representations dated 9th February, 1990, which is at page No.35 and 12th March, 1990, which is at page No.36 and letter dated 13th September, 1991, which is at Annexure-J to this petition, strictly on merits and in accordance with law by affording opportunity being heard to the petitioner even by allowing him to produce relevant documents, within four months as suggested by Mr.H.D.Dave, learned AGP for the respondents. At the time of deciding the said representations referred to hereinabove, the respondents shall not take into consideration the earlier reply dated 16th July, 1991, which is at Annexure : A. The respondents are also directed to communicate the final decision that may be taken on the representations to the petitioner by Regd.

Post A.D.

3. In view of the above and in view of the aforesaid directions given to the respondents, this petition stands disposed of accordingly. Rule is discharged. Interim relief, if any, granted earlier shall stand vacated forthwith. No order as to costs.

Dt.29.11.2002.����[H.H.Mehta,J.]

vijay**

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