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2012 Supreme(Guj) 490

BHASKAR BHATTACHARYA, J.B.PARDIWALA
Rishikesh R. Shahi – Appellant
Versus
State of Gujarat Thro. Secretary – Respondent


Advocates:
Appearance :
Mr. M.P. Shah, for Appellant No. 1.
Ms. Kruti M. Shah, for Appellants No. 1
Ms. Krina Calla, Asstt. Government Pleader, for Respondents No. 1-5.

Judgment

J.B. Pardiwala, J.—Having regard to the nature of the relief prayed for in the main writ-petition, and also taking into consideration the fact that this Letters Patent Appeal is directed against an interim order, whereby the learned Single Judge has refused to grant interim relief, we decided to hear the main writ-petition itself, and is accordingly, being disposed of by this judgment and order.

2. This appeal is at the instance of a writ-petitioner, in a petition under Article 226 of the Constitution of India, and is directed against an order dated 10th September, 2012, passed by the learned Single Judge, in Special Civil Application No. 12145 of 2012, by which His Lordship admitted the writ petition, making Rule returnable on 8th October, 2012, but having regard to the nature of the dispute and the relief prayed for by the petitioner, interim relief as prayed for the release of the vehicle seized by the authorities under the provisions of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2005, was refused, as in the view of His Lordship, it would amount to allowing the writ-petition at that stage, or granting relief of final nature at th



























































































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