Gujarat High Court
Shivlal K Purohit vs State Of Gujarat & on 12 July, 2013
Bench: Ravi R.Tripathi, Mohinder Pal
SHIVLAL K PUROHIT....Petitioner(s)V/SSTATE OF GUJARAT C/SCA/397/2009 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 397 of 2009 ================================================================ SHIVLAL K PUROHIT....Petitioner(s) Versus STATE OF GUJARAT & 8....Respondent(s) ================================================================ Appearance: MR AMIT M PANCHAL, ADVOCATE for the Petitioner(s) No. 1 DELETED for the Respondent(s) No. 2 - 3 MR RASHESH RINDANI AGP for the Respondent(s) No. 1 MR ADIL R MIRZA, ADVOCATE for the Respondent(s) No. 9 NOTICE SERVED for the Respondent(s) No. 9 NOTICE SERVED BY DS for the Respondent(s) No. 5 ================================================================ CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI and HONOURABLE MR.JUSTICE MOHINDER PAL Date : 12/07/2013 ORAL ORDER
(PER :
HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. Learned advocate Mr.Amit Panchal for the petitioner states that the matter was mentioned before the First Court - Hon ble the Chief Justice and Hon ble Mr.Justice Pardiwala - for permitting the petitioner to revive the petition in view of the order passed by the Division Bench on 15.4.2009. The relevant part of that order reads as under:
So far as issue regarding cutting of trees is concerned, the scheme put forward by the State Government shall be complied with. If such compliance is not there, it will be open for the petitioners to revive the petition. Hence, without entering into the merits of cutting of the trees, this petition is disposed of accordingly. Notice discharged.
2. The Note contains the averments as under:
As SCA No.10495 of 2013 pertaining to removal of plants/kiosks is being heard by the Hon ble Division Bench, request is to permit SCA No.397 of 2009 for being circulated before the aforesaid Hon ble Division Bench for Monday, July 08, 2013 and be heard with SCA No.10495 of 2013 as it pertains to trees. Order dated 15.4.2009 permitting revival is annexed. SCA No.397/09, I have no objection to tag with SCA 10495/2013.
3. Order on the Note Per: Hon ble The Chief Justice : Permitted as prayed for , and the order continues to read, Permitted to circulate on 08.07.2013, subject to removal of office objection and as per Roster.
4. Learned advocate Mr.Panchal states that, when his clerk approached the Registry, one Mr.Raghupathi, Deputy Registrar, refused to circulate the matter and conveyed to the clerk of the advocate to that effect. Learned advocate then talked to Mr.Raghupathi who said that as SCA No.397 of 2009 is already disposed of, hence civil application is required to be filed and he expressed unwillingness to comply with the order passed by the Hon ble the Chief Justice on the Note. Learned advocate then asked the said officer Mr.Raghupathi to permit the petition to be tagged with SCA No.10495 of 2013. It is in that regard the subsequent addition is made in the Note by the clerk of the advocate.
4. Registry is directed to place this order before the Registrar General who, in turn, shall call for the explanation of said Raghupathi and place it before this Court.
5. On the request of learned AGP Mr.Rindani, the matter is adjourned to 18.07.2013.
( RAVI R.TRIPATHI, J.) ( MOHINDER PAL, J.) (KMGThilake) Page 3 of 3