Gujarat High Court
Veraval vs State on 26 September, 2011
Author: Abhilasha Kumari
Bench: Abhilasha Kumari
Gujarat High Court Case Information System
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SCA/8761/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8761 of 2011
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VERAVAL
BAR ASSOCIATION THROUGH PRESIDENT HASANALI S HIRANI - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 2 - Respondent(s)
=========================================================
Appearance
:
MR
HRIDAY BUCH for
Petitioner(s) : 1,
MR JASWANT K SHAH LEARNED ASSISTANT GOVERNMENT
PLEADER for Respondent(s) : 1,
NOTICE SERVED for Respondent(s) :
2,
MR NV ANJARIA for Respondent(s) :
3,
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CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 26/09/2011
ORAL
ORDER
This petition, under Article 226 of the Constitution of India, has been filed, with the following prayers:
"(A) Your Lordship may be pleased to Admit and Allow this petition;
(B) Your Lordship may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents to confer the powers of a Special Court under Section 153 of the Electricity Act, 2003 upon the Additional District and Sessions Judge at Veraval, in the interest of justice;
(C) Pending admission, hearing and final disposal of this petition, Your Lordship be pleased to direct the respondents to consider the decide the representations made by the petitioner Association as expeditiously as possible;
(D) Your Lordship be pleased to pass such other and further orders as may be deemed fit, just and proper in the peculiar facts and circumstances of the present case."
Briefly stated, the facts of the case are that, the petitioner is an Association of Advocates practicing in the Civil and District Courts at Veraval. The issue pertains to the constitution of the Special Court under Section 153 of the Electricity Act, 2003. It is the case of the petitioner-Association that, there is only one such Court functioning in the entire District of Junagadh, which has 14 Talukas. In view of the fact that though there are other Additional Sessions Judges functioning in the Sub-Divisions of Veraval and Una, and who have not been vested with power under Section 153 of the Electricity Act, 2003, and as the distance between Junagadh and other Talukas of the said District is considerable, the Advocates and public at large, are facing great inconvenience.
When the matter is taken-up, today, Mr.Hriday Buch, learned advocate for the petitioner, states that the petitioner may be permitted to make a fresh representation to the Registrar General, High Court of Gujarat (respondent No.3), who may be directed to consider the same and take appropriate action thereupon, as expeditiously as possible.
Mr.N.V. Anjaria, learned advocate for respondent No.3, states that if such a representation is made by the petitioner, it shall be considered, in accordance with law and be placed before the Competent Authority, for necessary action.
Upon the above statement being made by the learned advocate for the petitioner, the following order is passed:
The petitioner may make a fresh representation to respondent No.3, within a period of two weeks from today. On receipt of the said representation, respondent No.3 may consider and take appropriate action thereupon, as expeditiously as possible.
The petition is disposed of, in the above terms, without entering into the merits of the case.
Direct Service of this order, is permitted.
(Smt. Abhilasha Kumari, J.) rakesh/ Top