SCA/9621/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 9621 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= PATEL DEVIBEN MANILAL - Petitioner(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : MR AM PAREKH for Petitioner(s) : 1, GOVERNMENT PLEADER for Respondent(s) : 1, None for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 25/07/2008 ORAL JUDGMENT 1. Rule. Ms. Bhavika Kotecha learned AGP waives service of notice of rule for respondent Nos. 1 and 2. SCA/9621/2008 2/3 JUDGMENT 2. With the consent of the learned Counsel appearing for both the sides, the matter is finally heard today. 3. The petitioner by this petition has challenged the order dated 30th May, 2008 passed by the State Government whereby the application of the petitioner for shifting the place has been rejected. 4. Heard Mr. Parekh learned Counsel for the petitioner and Ms. Kotecha learned AGP for the State Authority. 5. Upon hearing learned Counsel appearing for both the sides, it appears that it is an undisputed position that the opportunity of hearing was not given by the State Government before exercise of the power. As such matter can also be said as covered by earlier decision of this Court (Coram. Akshay H Mehta,J.) dated 2.5.2007 in Special Civil Application No. 11840 of 2007, copy whereof is produced at page 31 of the present compilation. Even otherwise also decision would be in breach of the principle of natural justice, since it would result into SCA/9621/2008 3/3 JUDGMENT adverse consequences. 6. Hence, the impugned order of the State Government is quashed and set aside, with the further direction that the application of the petitioner shall stand restored to Court of State Government, and after giving opportunity of hearing the appropriate order shall be passed as early as possible, preferably with a period of three months from the receipt of the order of this Court. 7. The petition is allowed to the aforesaid extent. Rule made absolute accordingly. No order as to costs. Direct service is permitted. (JAYANT PATEL, J.) Suresh*