Disposed

Milan Rameshbhai Bhandari v. State of Gujarat

Gujarat HC15 Dec 2020SCA/15787/2020

Case brief

AI extract

What is this about?

This court issued an oral order in a special civil application concerning the release of a seized dumper vehicle. The court directed the Appellate Authority to expedite the hearing of a pending appeal and an associated interim relief application.

What did the court decide?

Petition disposed of not pressed. Directs Appellate Authority to consider appeal and interim relief within four weeks.

Milan Rameshbhai Bhandari Vs State of Gujarat — Execution and Attachment | Gujarat HC (2020)

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C/SCA/15787/2020 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 15787 of 2020

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========================================================== MILAN RAMESHBHAI BHANDARI

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Versus

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STATE OF GUJARAT

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========================================================== Appearance:

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MR. DHRUVIN U MEHTA(9993) for the Petitioner(s) No. 1 for the Respondent(s) No. 2,3 MR BHARAT VYAS, AGP for the Respondent(s) No. 1

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

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

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Date : 15/12/2020

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ORAL ORDER

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This petition under Article 226 of the Constitution of India is filed for the purpose of seeking following reliefs:-

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“(a) This Hon’ble Court may be pleased to admit and allow this petition.

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(b) This Hon’ble Court may be pleased to issue appropriate writ, order or direction to the respondent authority to immediately release the vehicle i.e. Dumper No.GJ-15-AT-5619, during pendency of appeal by taking appropriate bank guarantee;

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(c) Pending admission final hearing and disposal of this petition, direct the respondent no.2 to release the vehicle i.e. Dumper No.GJ-15-AT-5619 and direct the respondent authority to decide the appeal in 4 weeks or in specified time as this honourable court deems fit.

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(d) ………….”

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During the course of hearing, learned advocate Mr. Dhruvin U. Mehta has candidly submitted that pursuant to the impugned order, substantive appeal is already filed before the Appellate Authority but somehow, since about two months, same has not been dealt with by the authority. In the appeal, interim relief application has also been submitted requesting the Appellate Authority to consider the relief of release of vehicle as an interim measure. But, since so far, no hearing has taken place, the petitioner is constrained to

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Page 1 of 3

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C/SCA/15787/2020 ORDER

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approach this Court by way of the present petition.

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Learned advocate Mr. Dhruvin U. Metha has submitted that if the Appellate Authority is directed to deal with the appeal as expeditiously as possible, the petitioner would not like to invite order on merit and therefore, with that liberty to approach the authority for expeditious hearing, the petitioner be permitted to withdraw the petition.

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To the aforesaid submission, learned Assistant Government Pleader Mr. Bharat Vyas no resistance and has submitted that if writ is received by the Appellate Authority, the authority will consider the same in a time schedule manner and hence, requested the Court to pass suitable order in the interest of justice.

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Having heard learned advocates appearing for the parties and having considered the candid submission made by learned advocate Mr. Mehta for the petitioner, this Court is of the opinion that if the Appellate Authority before whom the appeal is pending along with the interim relief application is directed to deal with the same as expeditiously as possible, same would meet the ends of justice. Hence, without expressing any opinion on merit, this Court would like to dispose of the petition on the following lines:-

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(1) The petitioner to approach the Appellate Authority with a request for expeditious hearing of the appeal, including the interim relief application. As and when such approach is made by the petitioner, the Appellate Authority is directed to consider the request of the petitioner, including the interim relief application, preferably within a period of FOUR WEEKS from the date of receipt of writ of this Court and shall pass suitable order in the interest of justice after due compliance of the principles of natural justice.

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Page 2 of 3

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C/SCA/15787/2020 ORDER

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(2) The Appellate Authority is directed to consider the request of interim relief application as well as the main appeal without being influenced by the present withdrawal of the petition and shall decide the same independently in accordance with law.

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With the aforesaid observations, present petition stands disposed of as NOT PRESSED .

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Direct Service, through electronic mode, is permitted.

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(ASHUTOSH J. SHASTRI, J)

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NAIR SMITA V.

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Page 3 of 3

Milan Rameshbhai Bhandari v. State of Gujarat

Case brief

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Milan Rameshbhai Bhandari v. State of Gujarat

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