Gujarat High Court
Lakshman Sinh Kalusinh Solanki vs State Of Gujarat & on 26 February, 2014
Author: A.J.Desai
Bench: A.J.Desai
C/SCA/3172/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 3172 of 2014
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LAKSHMAN SINH KALUSINH SOLANKI....Petitioner(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR VM PANCHOLI, ADVOCATE for the Petitioner(s) No. 1
MR RAKESH PATEL ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 26/02/2014
ORAL ORDER
1.0 By way of present petition under Articles 14 and 16 of the Constitution of India, the petitioner has prayed as under:
13.(A) Your Lordships may be pleased to admit and allow this petition.
(B) Your Lordships may be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction and thereby be pleased to direct the respondents to decide the representation dated 02.01.2014 and also his earlier representations made from time to time and thereby further be pleased to direct the respondents to forthwith process the application of the petitioner pursuant to the Page 1 of 5 C/SCA/3172/2014 ORDER direction issued by this Hon'ble Court (Coram: S.B. Majmudar & I.C. Bhatt, JJ.) passed in Special Civil application No. 980 of 1980 and allied matters and also to allot him the quarter in his possession under the Hire Purchase Scheme evolved by the State Government vide its Resolutions dated 22.06.1972 and 18.02.1975.
(C) During the pendency and final disposal of the petition, Your Lordships may be pleased to process the application of the petitioner pursuant to the directions issued by this Hon'ble Court ( Coram: S.B. Majmudar & I.C. Bhatt, JJ.) as per the order dated 07.11.1987 passed in Special Civil Application 980 of 1980 and allied matters and also to allot him the quarter in his possession under the Hire Purchase Scheme evolved by this State Government vide its Resolution dated 22.06.1972 and 18.02.1975.
(D) Your Lordships may be pleased to pass such other and further orders as may be deemed just and proper in the interest of justice.
2.0 Mr. Pancholi, learned advocate appearing for the petitioner submitted that the petitioner is working with Health and Family Welfare Department as Senior Pharmacist and residing in quarter no. 55/4 in 'H' colony, Nr. Sahajanand College, Near Polytechnic, Ambawadi, Ahmedabad since 1978. It is the case of the petitioner that he has made several representation to the Housing Commissioner, Gujarat Page 2 of 5 C/SCA/3172/2014 ORDER Housing Board, Pragatinagar, Ahmedabad by relying upon the order dated 07.11.1987 passed by the Division Bench of this Court in Special Civil Application No. 980 of 1980 and allied matters to consider his case at par with those persons in whose favour, the order has been passed by this Court. The respondent authority has not decided the representation of the petitioner.
3.0 Learned advocate appearing for the petitioner submitted that the petitioner has forwarded representation dated 16.01.1996 and thereafter he has made several representations to respondent no.2 to allot him the quarter for his possession under the Hire Purchase Scheme of the State Government. Recently the petitioner has made representation on 02.01.2014 again relying upon the latest decision of this Court dated 25.10.2013 passed in Special Civil Application No. 4030 of 2001 and requested the Gujarat Housing Board to consider his case. He further submits that the petitioner is still in Government Service and he shall be entitled for granted in favour of the similarly situated government employees and therefore, the authority may be Page 3 of 5 C/SCA/3172/2014 ORDER directed to consider the representations of the petitioner as expeditiously as possible.
4.0 Heard Mr. Pancholi, learned advocate appearing for the petitioner and perused the annexures annexed to the petition as well as representations made by the petitioners and judgement and order dated 25.10.2013 passed by this Court in Special Civil Application No. 4030 of 2001. Hence, I am of the opinion that the interest of justice would be met by passing the following order:
Respondent no. 2 The Housing Commissioner, Gujarat Housing Board, Pragatinagar, Ahmedabad is directed to decide all the representations made by the petitioner as expeditiously as possible in accordance with law and after giving an opportunity of hearing to the petitioner preferably within a period of three months from the date of the receipt of the order.
5.0 In view of the above direction, learned advocate appearing for the petitioner does not press present petition and seeks permission to withdraw present petition. Permission as prayed for is granted. Petition stands disposed of as withdrawn. Direct service is permitted.Page 4 of 5 C/SCA/3172/2014 ORDER
(A.J.DESAI, J.) niru* Page 5 of 5