Gujarat High Court
Patel Agency Through Proprietor Rajani ... vs State Of Gujarat on 31 August, 2023
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
NEUTRAL CITATION
C/SCA/6115/2023 ORDER DATED: 31/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6115 of 2023
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PATEL AGENCY THROUGH PROPRIETOR RAJANI VALLABHBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR NIRAV C SANGHAVI(5950) for the Petitioner(s) No. 1
MS TANUSHREE SHRIMAL, AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 31/08/2023
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 of the present petitioner and his franchises contrary to the direction issued by this Hon'ble Court in Special Civil Application No.2244 of 2013 in the interest of justice.
C) This Hon'ble court may be pleased to issue appropriate writ, order or direction to the police authority that if he is intended to carry out the panchnama the same can be done through videography or as per the provisions of the CRPC 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 Hon'ble court in Special Civil Application No.2244 of 2013 which was decided on 04.03.2013 in the interest of justice.
D) 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 23.03.2023 in light of Page 1 of 3 Downloaded on : Sun Sep 17 03:08:08 IST 2023 NEUTRAL CITATION C/SCA/6115/2023 ORDER DATED: 31/08/2023 undefined orders passed by this Hon'ble court in Special Civil Application No.2244 of 2013 in the interest of justice.
E) This Hon'ble Court may be pleased to allow the present Special Civil Application by passing similar order which was passed in SCA No.304 of 2021 decided on 10.03.2022 in the interest of justice.
F) 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 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 23.03.2023 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 Ms. Tanushree Shrimal, learned AGP appearing for the respondent - State.
4. Mr. Shalin Mehta, learned Senior Counsel appearing for the petitioner, submitted that representation dated 23.03.2023 preferred by the petitioner herein, duly produced at Annexure
- C, page 41 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 Page 2 of 3 Downloaded on : Sun Sep 17 03:08:08 IST 2023 NEUTRAL CITATION C/SCA/6115/2023 ORDER DATED: 31/08/2023 undefined No.304 of 2021 respectively.
5. Ms. Tanushree Shrimal, learned AGP appearing for the respondent - authority, fairly submitted that the said representation dated 23.03.2023, duly produced at page 41 to the petition, shall be decided by the respondent authority within a period of four weeks from the date of receipt of this order.
6. Mr. Sahlin 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 23.03.2023 preferred by the petitioner herein, duly produced at Annexure - C, page 41 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) NEHA Page 3 of 3 Downloaded on : Sun Sep 17 03:08:08 IST 2023