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SCA/10960/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10960 of 2010
=========================================================
PIYUSH
K JOSHI - Petitioner(s)
Versus
COMMISSIONER
OF GEOLOGY & MINING & 3 - Respondent(s)
========================================================= Appearance
:
MR
PS PATEL for
Petitioner(s) : 1, MR AL SHARMA AGP for Respondent(s) : 1, None
for Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 13/09/2010
ORAL
ORDER
1. Heard
learned advocate Mr.P.S.Patel for petitioner and learned AGP Mr.A.L.Sharma for respondent No.1.
2. A
show cause notice dated 28.6.2010 has been issued to petitioner by respondent No.4 the Geologist of Bhuj-Kutch, Geology & Mines Department, which has been received by petitioner and thereafter, on 19.7.2010, a detailed representation is made by petitioner to respondent No.4 herein. Thereafter, on 2.8.2010, the father of petitioner has made approach to District Collector, Kutch at Bhuj with a request to consider the reply submitted by petitioner. Thereafter, on 4.9.2010, a request was made by petitioner to the District Geologist, Assistant Geologist as well as Mines Supervisor, Geologist office to release Hitachi Machine Model No.120 to petitioner.
3. Learned
advocate Mr.P.S.Patel for petitioner submitted that in spite of detailed reply given by petitioner against show cause notice on 19.7.2010, more than three months are likely to be over, even though no decision is taken by respondents and said machine is also not handed over to petitioner, though request was made by petitioner on 4.9.2010.
4. In
light of this background, it is directed to respondent No.4 herein to consider the reply submitted by petitioner and also the application / representation made by father of petitioner dated 2.8.2010 and request made by petitioner on 4.9.2010 and thereafter, to pass appropriate reasoned order in accordance with law, within a period of two months from date of receiving copy of present order and communicate the decision to petitioner immediately.
5. It
is further directed to respondent No.4 herein to consider first the question of handing over the Hitachi Machine Model No.120 to petitioner by imposing certain condition upon petitioner and thereafter, to examine reply given by petitioner against show cause notice as referred above.
6. In
view of aforesaid observations and directions, present petition is disposed of without expressing any opinion on merits. Direct service is permitted.
(H.K.RATHOD,J.)
(vipul)
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