Disposed

Bharatkumar Fojalal Mali v. State of Gujarat Thro the Secretary

Gujarat HC11 Nov 2019LPA/1774/2019

Case brief

AI extract

What is this about?

In an oral order during a Letters Patent Appeal, the High Court of Gujarat directed the respondent authority to appropriately decide a pending representation dated 29.4.2019 made by the appellant, without expressing any opinion on the merits.

What did the court decide?

Direction to respondent authority to take an appropriate decision on a representation dated 29.4.2019 made by the appellant.

Bharatkumar Fojalal Mali Vs State of… — Constitutional and Fundamental Rights | Gujarat HC (2019)

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C/LPA/1774/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/LETTERS PATENT APPEAL NO. 1774 of 2019

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R/SPECIAL CIVIL APPLICATION NO. 15653 of 2011

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========================================================== BHARATKUMAR FOJALAL MALI

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Versus

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STATE OF GUJARAT THRO THE SECRETARY

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

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Appearance:

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MR TL SHETH for MR POPATJI H SOLANKI(5213) for the Appellant(s) No. 1 for the Respondent(s) No. 1,2,3

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

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CORAM: HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH

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and

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HONOURABLE MR.JUSTICE A.J. SHASTRI

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Date : 11/11/2019

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ORAL ORDER

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(PER : HONOURABLE MR.JUSTICE A.J. SHASTRI)

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Present Letters Patent Appeal is submitted by the appellantoriginal petitioner under Clause 15 of the Letters Patent for seeking correction of the order passed by learned Single Judge on 2.7.2012, whereby the petition came to be disposed of having found that the grievance is tried to be ventilated by the appellant beyond reasonable period.

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At the outset, by referring to the order passed by learned Single Judge, learned counsel Mr. Sheth appearing for learned advocate Mr. Popatji H. Solank for the appellant has submitted that despite the fact that for a pretty long period, representations have been made by the appellant, the authorities have not paid any attention to, which has ultimately constrained the appellant to approach this Court. Even after the order of learned Single Judge, which was not on merit, according to learned counsel, another representation has been

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Page 1 of 2

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C/LPA/1774/2019 ORDER

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made and last one has been made on 29.4.2019, reflecting on page 279 of the appeal compilation, so far, no heed is paid to such representation, hence a request is made that at least, the representation which has been made last in line may be dealt with appropriately by the authority concerned. No other submissions have been made except this request for deciding the representation.

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Since no other submissions have been made and a specific request is made for deciding the representation of the appellant, accepting the request of the appellant to this effect, we are inclined to dispose of the present appeal by directing the respondent authority to take an appropriate decision on the representation dated 29.4.2019 made by the appellant, reflecting on page 279 of the appeal compilation and the authority may independently decide the same strictly in accordance with law and on the basis of its own merit. As we have not expressed any opinion on merit nor on the issue of delayed representation, it is open for the authority to take suitable decision on such pending representation.

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With the aforesaid observations and directions, present Letters Patent Appeal is disposed of.

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(VIKRAM NATH, CJ)

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(A.J. SHASTRI, J)

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OMKAR

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Page 2 of 2

Bharatkumar Fojalal Mali v. State of Gujarat Thro the Secretary

Case brief

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Bharatkumar Fojalal Mali v. State of Gujarat Thro the Secretary

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