Gujarat High Court
Mansukh Belharbhai Palsana vs State Of Gujarat-Through Rai ... on 11 December, 2008
Author: Jayant Patel
Bench: Jayant Patel
SCA/14493/2008 1/2 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No. 14493 of 2008
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MANSUKH BELHARBHAI PALSANA - Petitioner(s)
Versus
STATE OF GUJARAT-THROUGH RAI CHOWDHARY-IAS OR HIS
SUCCESSOR & 3 - Respondent(s)
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Appearance :
MR BM MANGUKIYA for Petitioner(s) : 1,MS BELA A PRAJAPATI for
Petitioner(s) : 1,
MR VINAY PANDYA, AGP for Respondent(s) : 1,
None for Respondent(s) : 2 - 4.
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CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL
Date : 11/12/2008
ORAL ORDER
Mr.Mangukiya places on record the affidavit of Ms.Bela Prajapati, learned counsel who appeared before the Director with the record stating that the Director had declined to see the record. He seeks leave to place on record all receipts of the Market Committee for paying cess to show that the petitioner has done business as the license holder and cess is also paid which are not stated in the Certificate issued by the Market Committee and on the basis of which, the action has been initiated for declaring that the seat has fallen vacant.
Leave granted.
SCA/14493/2008 2/2 ORDER
Mr.Pandya, learned AGP seeks time to get
instruction.
Notice returnable on 22.12.2008. By ad interim order, it is directed that status quo filling up of the post, if any, shall be maintained. It is further directed that the petitioner shall be permitted to attend the meeting of the Market Committee, which is scheduled tomorrow, i.e. 12.12.2008, but his vote shall be separately counted and any action at the meeting shall be subject to further orders of this Court. D.S. permitted.
(JAYANT PATEL, J.) *bjoy