KAPILDEV UMESHCHANDRA JARIWALA Vs. STATE APPELLANT AUTHORITY

JUDGEMENT

(1.) By way of the present petition under Articles 14, 19(1)(g) and 226 of the Constitution of India, the petitioner has prayed as under:

(2.) Pursuant to the Notice issued by this Court, respondent Nos.1, 2 and 3 had appeared through learned advocate Ms.Rohini Acharya and Affidavit -in -reply has been filed by the authority. Rejoinder thereto has also been filed by the petitioner. Respondent No.4 has been represented through learned Asst.Government Pleader Ms.Vrunda Shah.

(3.) Mr.Arun D. Oza, learned advocate appearing for the petitioner by taking through several documents and manner and method, by which police officer as well as respondent No.2 have carried out so called raid, submitted that respondent no.2, who is author of order dated 23/03/2013, by which, he has exercised his power under section 20(3) of The Pre -conception and Pre -natal Diagnostic Techniques (Prohibition of Sex Selection) Act,1994 and has suspended registration of the Hospital run by the petitioner till the criminal case is disposed of, is a malafide action. Mr.Arun D. Oza, learned advocate has taken me through the observations made by Division Bench of this Court under PNDT Act and submitted that the petitioner become victim of his non -cooperation to the illegal demands made by respondent No.2, which has resulted into passing the impugned order. However, he would submit that the order dated 23/03/2013 passed by respondent No.2 is required to be quashed and set aside only on the ground that author of the order, has not followed the mandatory provisions envisaged u/s.20(3) of the PNDT Act and accordingly the order passed by the appellate authority confirming the said order, is also required to be quashed and set aside. He would submit that if mandatory provisions envisaged u/s.20(3) are not followed, the order is required to be quashed and set aside by this Court. In support of his submissions, he has relied upon the decision rendered by this Court in the case of Jashmina Dilip Devda V/s. State Appropriate Authority under PNDT Act rendered in Special Civil Application No.6215 of 2011.