JITENDRAKUMAR CHUNILAL BOSMIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Service of Rule is waived by learned Assistant Government Pleader Shri D. C. Dave for the respondents. By consent of the learned Lawyers appearing for the parties, this application is taken up for hearing today itself.

(2.) The petitioner has moved this application for setting aside the order passed by this Court on 15th March 1994 disposing of Special Civil Application No. 6606 of 1991 as withdrawn and for its restoration to file. No reply affidavit has come to be filed by or on behalf of the respondents. Shri Dave for the respondents has, however, resisted this application at the time of its hearing.

(3.) In support of this application, the learned Advocate for the petitioner in the writ petition has filed his affidavit. The original affidavit does not appear to be on record. Shri Nanavati for the petitioner states at the Bar that an affidavit of the learned Advocate for the petitioner in the writ petition has already been filed. In that view of the matter, I have accepted its ordinary copy for the purpose of deciding this case. Shri Nanavati for the petitioner has assured that he would supply a second affirmed copy of the affidavit on or before 28th February 1995 if by that time the original could not be traced.