Patel Agency Through Proprietor Rajani ... vs State Of Gujarat on 25 October, 2023

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Gujarat High Court

Patel Agency Through Proprietor Rajani ... vs State Of Gujarat on 25 October, 2023

Bench: Vaibhavi D. Nanavati

                                                                                       NEUTRAL CITATION




    C/SCA/16851/2023                                    ORDER DATED: 25/10/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 16851 of 2023
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PATEL AGENCY THROUGH PROPRIETOR RAJANI VALLABHBHAI PATEL
                         Versus
                   STATE OF GUJARAT
==========================================================
Appearance:
MR. SHALIN MEHTA, SR. ADVOCATE WITH MR NIRAV C
SANGHAVI(5950) for the Petitioner(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 3
MR. AYAAN PATEL, AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
==========================================================

 CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                                Date : 25/10/2023

                                 ORAL ORDER

1. By way of present petition, the petitioner herein has prayed for the following reliefs:

"A) That the Hon'ble Court may be pleased to admit this SPECIAL CIVIL APPLICATION.

B) This Hon'ble court may be pleased to issue appropriate writ, order or direction to the respondent authorities not to obstruct the business activities of the petitioner contrary to the directions issued by this Hon'ble Court in Special Civil Application No.2244 of 2013 at annexure B Colly in the interest of justice.

And/Or This Hon'ble court may be pleased to allow the present SPECIAL CIVIL APPLICATION by directing the police authority for strictly comply with orders passed by this Page 1 of 4 Downloaded on : Fri Oct 27 20:41:13 IST 2023 NEUTRAL CITATION C/SCA/16851/2023 ORDER DATED: 25/10/2023 undefined Hon'ble court in Special Civil Application No.2244 of 2013 at annexure B colly which was decided on 04.03.2013 and thereby allow the petitioner to do the business activities as per order of this Hon'ble Court in the interest of justice.

C) This Hon'ble Court may be pleased to issue appropriate writ, order or direction to the Respondent No. 2 to decide the representations of the present petitioner prepared on dated 31.07.2023 and 7.08.2023 in light of order passed by this Hon'ble court in Special Civil Application No. 2244 of 2013 and SCA no.6115 of 2023 at annexure C in the interest of justice.

D) This Hon'ble Court may be pleased to allow the present Special civil application by passing almost similar order which was passed in SCA no. 304 of 2021 decided of 10.03.2022 at annexure F colly in the interest of Justice.

E) Grant such other and further relief as deemed just and proper by this Hon'ble Court in the interest of justice."

2. The petitioner herein seeks issuance of direction to the respondent authorities not to obstruct the business of the present petitioners contrary to the directions issued in Special Civil Application No.2244 of 2013 and also direct the respondent authority not to disconnect the CCTV which is installed at the shop at the time of raiding the premises and if, the police authority intends to carry out panchnama, the same be done through videography as Page 2 of 4 Downloaded on : Fri Oct 27 20:41:13 IST 2023 NEUTRAL CITATION C/SCA/16851/2023 ORDER DATED: 25/10/2023 undefined per the provisions of the Code of Criminal Procedure and also direct the respondent No.2 to decide the representations dated 31.7.2023 and 7.8.2023 in light of the orders passed in Special Civil Application No.2244 of 2013 and Special Civil Application No.304 of 2021.

3. Heard Mr. Shalin Mehta, learned Senior Counsel with Mr. Nirav C. Sanghavi, learned advocate appearing for the petitioner and Mr. Ayaan Patel, learned AGP appearing for the respondent - State.

4. Mr. Shalin Mehta, learned Senior Counsel appearing for the petitioner, submitted that representations dated 31.7.2023 and 7.8.2023 preferred by the petitioner herein, duly produced at Annexure - C, page Nos. 41 and 42 to the petition, be decided by the respondent authority taking into consideration the orders dated 04.03.2013 and 10.03.2022 passed by this Court in Special Civil Application No.2244 of 2013 and Special Civil Application No.304 of 2021 respectively.

5. Mr. Ayaan Patel, learned AGP appearing for the respondent - authority, fairly submitted that the said representations dated 31.7.2023 and 7.8.2023, duly produced at page Nos. 41 and 42 to the petition, shall be decided by the respondent authority within a period of four weeks from the date of receipt of this order.

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NEUTRAL CITATION C/SCA/16851/2023 ORDER DATED: 25/10/2023 undefined

6. Mr. Shalin Mehta, learned Senior Counsel appearing for the petitioner, does not press rest of the prayers.

7. Considering the aforesaid submissions advanced by the learned advocates appearing for the respective parties, the respondent authority is directed to decide the representations dated 31.7.2023 and 7.8.2023, duly produced at page Nos. 41 and 42 to the petition, within a period of four weeks from the date of receipt of this order taking into consideration the orders dated 04.03.2013 and 10.03.2022 passed by this Court in Special Civil Application No.2244 of 2013 and Special Civil Application No.304 of 2021 respectively.

8. With the aforesaid direction, the present petition stands disposed of.

9. Direct service is permitted.

(VAIBHAVI D. NANAVATI,J) SAJ GEORGE Page 4 of 4 Downloaded on : Fri Oct 27 20:41:13 IST 2023

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