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2010 Supreme(Guj) 331

ABHILASHA KUMARI, D.H.WAGHELA
Bismillakhan Kalekhan Pathan – Appellant
Versus
Commissioner of Fisheries – Respondent


Advocates:
Appearance :
Mr. Mukul Sinha, for the Petitioner.
Mr. Prakash Jani, Government Pleader for the Respondenta.

Judgment

Smt. Abhilasha Kumari J.—Rule. Mr. Prakash Jani, learned Government Pleader, waives service of notice of Rule on behalf of the respondents.

2. By filing the present petition under Article 226 of the Constitution of India, the petitioner has, inter alia, made several prayers in Paragraph-7 of the petition, one of which is the following:

“(C) declaring that the petitioner is entitled to get the relief at the rate of 40% of his contract amount under clause 21 of the Government policy dated 25.2.2004 and further be pleased to direct the respondents to reimburse the amount of relief to the petitioner as per the rate mentioned in clause 21 of the Government policy dated 25.2.2004”

3. At the very outset, Dr. Mukul Sinha, learned Counsel for the petitioner, states that he does not press any of the other prayers, except the one at Paragraph-7(C), reproduced hereinabove. The petition is, therefore, being heard and decided, with the consent of the learned Counsel for the respective parties, only in respect of the prayer made in Paragraph-7(C).

4. Briefly stated, the relevant facts emerging from the petition are that, by Office Order dated 12.02.2009 of the Commissioner of Fisheries, Gover



























































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