GOSAI HARSABEN KHIMGAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) On a request made by learned advocate Mr.Mishra for the petitioner, the matter is taken up for final hearing. Learned Assistant Government Pleader Mr.Nirag Pathak appears for the Government authorities. Mr.Dhaval D. Vyas appears for respondent no.3. After the matter is heard for some time, learned advocate Mr.Mishra seeks permission to withdraw the petition with a liberty to make representation to the Government and point out in specific that the Urban Development and Urban Housing Department, State of Gujarat, by order dated 13.12.2007 has granted benefits to similarly situated persons.

(2.) Permission is granted. The petition is disposed of as withdrawn.

(3.) At the request of learned advocate for the petitioner, it is clarified that withdrawal of this petition should not be construed to mean that the Court has examined the merits of the case and has found no merit in the case. It is a settled position of law that the Government of its own should not accord different treatment to similarly situated persons.