SULEMAN ABDULLAH HOKLA Vs. DEPUTY CONSERVATOR OF FORESTS

JUDGEMENT

(1.) Heard Mr.M.A.Kharadi, learned advocate appearing on behalf of the applicant - original respondent and Mr.H.L.Jani, learned APP on behalf of the respondent original petitioner. RULE. Mr.H.L.Jani, learned APP appearing on behalf of the respondent - State of Gujarat waives service of rule.

(2.) In the present petition, the petitioner has challenged the order passed by this Court on 15th December, 2000 in Special Criminal Application No.707 / 1998 on the ground that the order has been passed by this Court in absence of the original respondent. The submission of Mr.Kharadi, learned advocate for the petitioner is that though the order has been passed by this Court ton 15th December, 2000, the matter has been circulated on the Board of this Court on three occasions, viz, 13th March, 2001, 10th April, 2001 and 16th June, 2001. On 16th June, 2001, an endorsement made on the Board by the Registry to the effect that this matter is already decided on 15th December, 2000. Therefore, learned advocate has submitted that this order has been passed by this Court in absence of the original respondent and hence, the present application has been filed with a request to condone the delay and further to recall the order which has been passed by this Court in absence of the original respondent.

(3.) This Court has passed order on 15th December, 2000 and even according to the cause title, none present for the respondent No.1. However, this Court has examined the merits of the matter and allowed the petition filed by the State of Gujarat. In such circumstances, this Court has not given sufficient opportunity to the learned advocate Mr.Kharadi to satisfy on merits and therefore, apartment from the contention of the learned advocate that order was passed in absence, this Court is inclined to give full opportunity of hearing to Mr.Kharadi, learned advocate for the petitioner.