Gujarat High Court
Ajmat Manoharsinh Gurjar vs Senior Dcm on 13 August, 2014
Author: K.M.Thaker
Bench: K.M.Thaker
C/SCA/11141/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 11141 of 2014
================================================================
AJMAT MANOHARSINH GURJAR....Petitioner(s)
Versus
SENIOR DCM....Respondent(s)
================================================================
Appearance:
MR ATIT D THAKORE, ADVOCATE for the Petitioner(s) No. 1
================================================================
CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 13/08/2014
ORAL ORDER
1. Heard Mr.Thakore, learned advocate for the petitioner.
2. In present petition, the petitioner has prayed inter alia that:-
"9(A) Be pleased to issue appropriate writ, order or direction by directing the respondent authority to decide the application dated 11.01.2010 filed by the brother-in-law of the petitioner and further be pleased to direct the respondent authority to transfer the license bearing buckle no.1722/283 in favour of the petitioner herein."
3. In view of the relief, which is prayed for by the petitioner and in view of the order which Court proposes to pass, having regard to the Page 1 of 4 C/SCA/11141/2014 ORDER subject matter of the petition, the respondents are not called to answer the petition, inasmuch as any order adverse to the respondent, is neither requested for by the petitioner nor proposed to be passed.
3. Learned advocate for the petitioner fairly submitted that petitioner only requests that the application made by the petitioner may be decided at an early date.
4. From the submissions made by learned advocate for the petitioner and from the details mentioned in the petition, it appears that since January,2010, the petitioner has submitted an application to transfer the license bearing buckle no.1722/283 on the ground that the original licensee (who is brother in law of the petitioner) is not keeping good health and is unable to do the work.
5. It is also claimed that the Original licensee Page 2 of 4 C/SCA/11141/2014 ORDER and his wife have already declared that they do not have any objections, if license of the licensee is transferred in the name of the petitioner.
6. It is also claimed that the medical examination and other formalities are completed however, though almost four years have passed, the application is not decided.
7. In view of the facts, which have emerged from the submissions of learned advocate for the petitioner, it appears appropriate that present petition can be disposed of with below mentioned observations:-
The competent authority do take up the petitioner's application for consideration and appropriate final order in light of the facts of the case and in light of the material/documents etc, which may be supplied by the petitioner and in light of the relevant circular, rules and Page 3 of 4 C/SCA/11141/2014 ORDER policy, may be passed, as expeditiously as possible and preferably within five weeks from the date of service of certified copy of the present order.
It would be open to the petitioner to serve certified copy of present order directly in addition to normal mode of service.
With the aforesaid observations and clarifications, present petition stands disposed of.
(K.M.THAKER, J.) Girish Page 4 of 4