Deepakbhai Shivkumar Sahu vs State Of Gujarat

1. Heard Mr. Adiyta A. Choksi, learned advocate for the petitioner and Ms. Asmita Patel, learned AGP for the respondent No.1 - State.

2. Mr. Choksi, learned advocate for the petitioner has tendered photocopy of the common order dated 06.12.2019 passed in bunch of petitions, wherein similar issue is involved. He submits that in this petition, Notice may be issued and the petitioner may be protected as has been done in the earlier petitions.

3. Ms. Asmita Patel, learned AGP for the respondent No.1 - State objects to grant of interim relief and submits that the Notice impugned is of 29.11.2019 and thereafter, the petitioner has challenged the Notice belatedly. Hence, no interim relief may be granted.

C/SCA/697/2020 ORDER

4. The submission of learned AGP not to grant interim relief is solely on the ground of delay on the part of the petitioner in approaching this Court, cannot be accepted, especially when the issue involved in this petition is pending consideration in other petitions, wherein the petitioners' interest is protected. Hence, let there be Notice returnable on 25.02.2020. Ms. Asmita Patel, learned AGP waives service of Notice on behalf of respondent No.1 - State.

The parties are directed to maintain status-quo as it exists today till the returnable date.

5. Present petition is ordered to be listed with Special Civil Application No. 21706 of 2019 and allied petitions. Direct service is permitted qua respondent No.2.

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