LAWS(GJH)-2008-9-195

BABULAL MOHANDAS NIMBARK Vs. STATE OF GUJARAT

Decided On September 02, 2008
Babulal Mohandas Nimbark Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THIS petition has been filed by the petitioner, with the following prayers : -

(2.) AT the very outset, when this petition was taken up for final hearing, Ms.Kruti M.Shah, learned counsel for the petitioner, upon instructions from the petitioner, who is personally present in the Court today, has submitted that due to efflux of time, the prayer contained in Para -6(c), whereby the transfer order dated 4.6.2002 has been challenged, does not survive and is, therefore, not being pressed.

(3.) MS .Kruti Shah, learned counsel for the petitioner has drawn attention of this Court to the order dated 27.9.2002, wherein the Court had directed that the petitioner's representation dated 26.8.2002 against the order of transfer and any other representations regarding the grievances raised by the petitioner in the petition may be looked into and decided by the concerned respondent at the earliest. Since the challenge to the order of transfer is not being pressed by the learned counsel for the petitioner and in the light of the statement made by Ms. Kruti Shah, learned counsel for the petitioner, the only order which needs to be passed, in the facts and circumstances of the case, is as under: