IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 1853 of 2001 For Approval and Signature: HON'BLE MR.JUSTICE RAVI R.TRIPATHI ============================================================ 1. Whether Reporters of Local Papers may be allowed : YES to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- DIVYAKANT S SHAH Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 1853 of 2001 MR RD RAVAL for Petitioner No. 1 MR.PRADIP D. BHATE, ASSISTANT GOVERNMENT PLEADER for Respondent No. 1 NOTICE SERVED BY DS for Respondent No. 2 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE RAVI R.TRIPATHI Date of decision: 03/03/2005 ORAL JUDGEMENT Heard the learned advocates. Mr.R.V. Suthar, Under Secretary, Water Resources Department is present and instructs learned Assistant Govt. Pleader Mr.Pradip D. Bhate to make a statement that the authorities are ready and willing to consider a representation which may be made by the petitioner within six weeks from today and will pass a fresh order. In view of that to facilitate the authorities to consider the matter afresh the order of punishment being Annexure 'B' to this petition dated 05.06.2000 is hereby quashed and set aisde. 2. The authorities are directed to consider the case of the petitioner after taking into consideration the contents of the representation which the petitioner shall make within six weeks from today and pass fresh order, keeping due sympathy to the factors which are mentioned by the learned advocate for the petitioner, namely, the advanced age and failing health. The order shall be passed in accordance with law. The authorities are directed, at the request of the learned advocate for the petitioner to take into consideration the contents of the petition also. The petition is disposed of. Rule is made absolute to the aforesaid extent. No order as to costs. (Ravi R. Tripathi, J.) karim