Gujarat High Court
Patel Agency Through Proprietor Rajani ... vs State Of Gujarat on 25 October, 2023
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
NEUTRAL CITATION
C/SCA/16890/2023 ORDER DATED: 25/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16890 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 16913 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 16887 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 16889 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 16892 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 16893 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 16894 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 16899 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 16911 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 16917 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 16918 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 16919 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 16921 of 2023
With
R/SPECIAL CIVIL APPLICATION NO. 16924 of 2023
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PATEL AGENCY THROUGH PROPRIETOR RAJANI VALLABHBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR. SHALIN MEHTA, SR. ADVOCATE WITH MR NIRAV C
SANGHAVI(5950) for the Petitioner(s) No. 1
MS. JYOTI BHATT, AGP for the Respondent(s) No. 1 in SCA NOS. 16890 OF
2023, 16887 OF 2023, 16892 OF 2023, 16893 OF 2023, 16899 OF 2023.
MR. AYAAN PATEL, AGP for the Respondent(s) No. 1 in SCA NOS. 16913
OF 2023, 16911 OF 2023, 16919 OF 2023, 16921 OF 2023, 16924 OF 2023.
MS. SURBHI BHATI, AGP for the Respondent(s) No. 1 in SCA NOS. 16889
OF 2023, 16894 OF 2023, 16917 OF 2023, 16918 of 2023.
NOTICE SERVED BY DS for the Respondent(s) No. 2
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NEUTRAL CITATION
C/SCA/16890/2023 ORDER DATED: 25/10/2023
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 25/10/2023
ORAL ORDER
1. By way of present petitions, the petitioner herein have 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 allow the present SPECIAL CIVIL APPLICATION by directing the police authority for strictly comply with orders passed by this Hon'ble court in Special Civil Application No.2244 of 2013 at Annexure B of Main matter which was decided on 04.03.2013 and 24.11.2016 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 representation of the present petitioner prepared on dated 06.09.2023 in light of orders passed by this Hon'ble court in Special Civil Application No.2244 of 2013 and / or SCA No.6131 of 2013 and SCA No. 304 of 2021, SCA No. 6115 of 2023 at annexure B, C, D AND F of main matter in the interest of justice.
D) 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 Page 2 of 4 Downloaded on : Fri Oct 27 20:41:14 IST 2023 NEUTRAL CITATION C/SCA/16890/2023 ORDER DATED: 25/10/2023 undefined present petitioner 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 per the provisions of the Code of Criminal Procedure and also direct the respondent No.2 to decide the representation dated 6.9.2023 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 learned AGPs, as per their names shown in the appearance list, appearing for the respondent - State.
4. Mr. Shalin Mehta, learned Senior Counsel appearing for the petitioner, submitted that representation dated 6.9.2023 preferred by the petitioner herein, duly produced at Annexure - A, page 9 to the petitions, 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.
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5. Learned AGPs appearing for the respondent - authority in the respective petitions, fairly submitted that the said representation dated 6.9.2023, duly produced at page 9 to the petitions, shall be decided by the respondent authority within a period of four weeks from the date of receipt of this order.
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 representation dated 6.9.2023 preferred by the petitioner herein, duly produced at Annexure - A, page 9 to the petitions, 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 petitions stand disposed of.
9. Direct service is permitted.
(VAIBHAVI D. NANAVATI,J) SAJ GEORGE Page 4 of 4 Downloaded on : Fri Oct 27 20:41:14 IST 2023