SCA/8006/2008 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8006 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE ANANT S. DAVE ====================================== DILIPBHAI D GORASIYA Versus STATE OF GUJARAT & another ====================================== Appearance : Mr. Prashant Desai, Senior Advocate, for MR RAMKRISHNA B DAVE for Petitioner Ms. Sangita Vishen, Assistant Government Pleader for respondents. ====================================== CORAM : HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 16/09/2008 ORAL JUDGMENT 1 The petitioner, who is running passenger luxury buses since last 45 years, has challenged Notifications dated 31st March 2008 and 25th April 2008 issued by respondent No.2 on various grounds, inter alia, non- consideration of objections submitted by the petitioner and without hearing the petitioner. 2 Shri Prashant Desai, learned Senior Counsel appearing for the petitioner, submits that, in identical matter, the Division Bench {Coram: Honourable the Chief Justice Mr. K.S. Radhakrishnan & Honourable Mr. Justice Mohit S. Shah], by oral order dated 10th September 2008, SCA/8006/2008 2/2 JUDGMENT directed the Police Commissioner to take note of the representation dated 15.4.2008 submitted by the Rajkot Tourist Bus Association and hear them and take the decision in accordance with rules within a period of one month from the date of receipt of copy of this order. He, therefore, submits that suitable directions may be given in this matter also. 3 Ms. Sangita Vishen, learned Assistant Government Pleader, submits that objections were invited and suggestions were considered and, thereafter, the notification impugned came to be passed. 4 Be that as it may, the fact remains that, in identical matter, the Division Bench issued directions vide order dated 10th September 2008 in Letters Patent Appeal No.599 of 2008. The petitioner, who is also running passenger luxury buses since last about 45 years, deserves similar treatment. 5 Hence the following direction is issued. The Police Commissioner is directed to take note of the objection/suggestion dated 15.4.2008 submitted by the petitioner and hear him and take the decision in accordance with rules within a period of one month from the date of receipt of copy of this order. 6 With the above direction, this petition stands disposed of. (ANANT S. DAVE, J.) (swamy)