LAWS(GJH)-2014-2-31

UNION OF INDIA Vs. LALBAHADUR SWAMINATH SAHANI

Decided On February 12, 2014
UNION OF INDIA Appellant
V/S
Lalbahadur Swaminath Sahani Respondents

JUDGEMENT

(1.) THIS matter was calledout twice today. On both the occasions, none have remained present for the respondents. The matter was listed on 11th February, 2014 also, at that time also none had appeared despite it being calledout twice. The Court had adjourned the matter today. Today, as it is stated hereinabove none appeared on two calls. The matter is that of the year 2003 and this Court is of the opinion that it is now require to be disposed of in accordance with law without granting any further opportunity to the respondents, as they are absent and they are presenting through an advocate, who have chosen not to remain present before the Court despite repeated calls.

(2.) THE petitioner is a Station Commander, in charge in Management of the Ahmedabad Cantonment area, has approached this Court by way of this petition filed under Articles 226 and 227 of the Constitution of India with following prayers :

(3.) THE petitioner happens to be, as it is stated hereinabove, a Station Commander, in charge of Ahmedabad Cantonment area. The Estate Officer ­ Respondent no.3 in exercise of power conferred upon him under Section ­ 5 A of the Act issued show cause notice to the respondents, which were challenged before the designated authority constituted under Section 9 of the Act and the authority i.e. Appellate Authority under Section ­ 9 passed an order dated 22 nd April, 2002 operative part whereof could be read as under :