UNION OF INDIA Vs. SURESH R. YADAV

JUDGEMENT

(1.) MAIN matter, i.e. Special Civil Application No. 3984 of 2011 was disposed of by an order dated 11 -4 -2011. Respondent herein, original -petitioner, had approached this Court contending that his case is identical to the one decided by this Court in Special Civil Application No. 6151 of 2010 by judgment dated 1 -10 -2010 [ : 2011 (267) E.L.T. 337 (Guj.)]. He should, therefore, get similar benefits. He has made an application dated 16 -2 -09 to the Department which may be decided. The case of the original petitioner was that by virtue of the said judgment dated 1 -10 -10 for grant/renewal of CHA licence, he does not have to take certain additional papers as insisted by the Department. The petition was disposed of in following terms :

(2.) FROM the order itself, it can be clearly seen that we have not expressed any conclusive opinion with respect to the contention of the petitioner. We have also granted liberty to the Department to examine the factual aspects and to judge whether facts of the case of the respondent herein (petitioner in the main petition) are similar to those arising in SCA No. 6151 of 2010. We have also kept the option of the Department to seek stay from higher Court against the judgment dated 1 -10 -10.

(3.) THOUGH it is true that no formal notice was issued to the Department, we had the assistance of learned Asstt. Solicitor General appearing on advance copy. Nevertheless the order itself gives no specific direction to the Department to decide the application of the petitioner in any particular manner one way or the other. Department is left with full liberty to decide the question on the basis of the facts of the case. Since no order which can be stated to be adverse to the Department was passed, there is no reason to recall the said order. However, at the request of the learned counsel for the Department, time for complying with the direction is extended upto 30th June 2011.