Gujarat High Court
Ashishkumar Ramabhai Prajapati & vs State Of Gujarat & 5....Opponent(S) on 31 March, 2016
Author: K.M.Thaker
Bench: K.M.Thaker
C/MCA/360/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 360 of 2016
In SPECIAL CIVIL APPLICATION NO. 1041 of 2014
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ASHISHKUMAR RAMABHAI PRAJAPATI & 1....Applicant(s)
Versus
STATE OF GUJARAT & 5....Opponent(s)
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Appearance:
MR RATHIN P RAVAL, ADVOCATE for the Applicant(s) No. 1 - 2
GOVERNMENT PLEADER for the Opponent(s) No. 1 - 3
MR ATIT D THAKORE, ADVOCATE for the Opponent(s) No. 5
MR HRIDAY BUCH, ADVOCATE for the Opponent(s) No. 3
MR NIKUNT K RAVAL, ADVOCATE for the Opponent(s) No. 6
RULE SERVED for the Opponent(s) No. 4 - 5
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CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 31/03/2016
ORAL ORDER
Today when the application is called out and taken up for hearing Mr. Raval, learned advocate for the applicants is present. Mr. Atit D Thakore, learned advocate for the respondent No.5 and Mr. Nikunt K Raval, learned advocate for the respondent No.6 are also present.
This application is taken out to seek below Page 1 HC-NIC Page 1 of 5 Created On Tue Apr 05 01:19:55 IST 2016 C/MCA/360/2016 ORDER quoted relief:-
"6(B) Be pleased to pass appropriate directions to respondent No.4,5,6 for complying the order dated 22.12.2014 passed by this Hon'ble Court in Special Civil Application No. 1041 of 2014"
The above quoted relief is prayed for in view of the fact that the petition which was earlier filed by present applicant i.e. Special Civil Application No. 1041 of 2014 came to be disposed of vide order dated 22.12.2014 wherein this Court, after hearing learned advocates for the petitioner and the respondent directed inter alia, that:-
14. In this view of the matter, it is directed that learned advocate for the respondent nos.6 and 5 and learned advocate for the petitioners shall supply statement/list to Mr.Vasavada, learned advocate for the respondent no.4 about the details which are required by the respondent nos. 6 and 5.
15. After receiving the said statement/list, Mr.Vasavada, learned advocate for the respondent no.4 shall forward the saids statement/list to the respondent no.4-Trust with instructions to supply the said details/documents to the respondent nos.6 and 5, within two weeks from the receipt of the statement/list.
16. After such details / documents are received by the respondent nos.6 and 5, the respondent no.6 will issue necessary notification and then the respondent no.5 will take appropriate and necessary action and pass appropriate order, as expeditiously as possible and preferably within four weeks thereafter.
17. Learned advocate for the petitioner and the respondents submitted that after receiving relevant details, appropriate directions will be passed and further action will be taken.
Page 2 HC-NIC Page 2 of 5 Created On Tue Apr 05 01:19:55 IST 2016 C/MCA/360/2016 ORDER
18. Therefore, with the observation that if the respondent no.4 has already not complied with the instructions and if it has already not supplied relevant details, then it will do the needful and supply requisite details/documents in accordance with directions in this order.
The request made by the petitioner in the petition is granted to the aforesaid extent. The petition stands disposed of accordingly.
19. It is clarified that in case of any difficulty or in case of need for any clarification or modification in present order or for further order, the petitioner and concerned respondents may taken out appropriate application."
The original petitioners have taken our present application on the allegation that the respondent Nos 4, 5 and 6 have not taken any steps after said order dated 22.12.2014 came to be passed.
Today at the time of hearing it is submitted by learned advocate for the respondent Nos. 4, 5 and 6 that another petition being Special Civil Application No. 4386 of 2015 is already pending before the Hon'ble Court wherein similar grievance against the same college i.e. respondent No. 4 is raised and identical dispute / grievance against same college is under consideration by Hon'ble Court in said Special Page 3 HC-NIC Page 3 of 5 Created On Tue Apr 05 01:19:55 IST 2016 C/MCA/360/2016 ORDER Civil Application No. 4386 of 2015.
In view of the said submission by learned advocate for the respondent Nos. 4 5 and 6, learned advocate for the applicants submitted that at this stage he does not press this application and instead the applicants would prefer appropriate application to join the proceedings of Special Civil Application No. 4386 of 2015 on the ground that their case is similar and they also seek similar relief as other student and they are also affected by identical communication on part of the respondent Nos. 4,5 and 6.
Mr. Barot, learned AGP for the respondent Nos. 1 and 2 submitted that necessary steps, if not taken, have to be taken by the respondent Nos. 4,5 and 6 and at this stage the respondent Nos. 1 and 2 have no role to play.
In view of the above submission by learned advocate for the respondent Nos. 4,5 and 6 and in view of the request by learned advocate for the Page 4 HC-NIC Page 4 of 5 Created On Tue Apr 05 01:19:55 IST 2016 C/MCA/360/2016 ORDER applicants, this application is disposed of as not pressed and withdrawn in view of the fact that the applicants intend to make appropriate application with the request to joint the proceedings of Special Civil Application No. 4386 of 2015.
Accordingly the application is disposed of as not pressed / withdrawn. Rule is discharged.
Orders accordingly.
(K.M.THAKER, J.) Suresh* Page 5 HC-NIC Page 5 of 5 Created On Tue Apr 05 01:19:55 IST 2016