HARESH BALKRUSHNA UPADHYAY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Ullash N. Gohil for the petitioner and learned AGP Ms. M.D. Mehta for the respondent-State.

(2.) Learned Advocate Mr. Gohil, at the outset, would submit that the learned Co-ordinate Bench of this Court (Coram : Justice Biren Vaishnav) vide decision dtd. 7/3/2022 in Special Civil Application No. 14433 of 2020 and allied matter, has been pleased to decide the very selfsame issue that has been agitated in the present petition. Learned Advocate Mr. Gohil would submit that as such the issue raised in the present petition being no more res-integra, more particularly since the issue had been decided by the learned Co-ordinate Bench, and whereas the said decision having been confirmed by the Hon'ble Apex Court also, learned Advocate would submit that similar orders may be passed by this Court in the present petition.

(3.) Learned AGP Ms. M.D. Mehta for the respondent-State could not dispute the fact that the order passed by the learned Co-ordinate Bench was in a similar situation, where the facts were absolutely identical.