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2020 Supreme(Guj) 329

VIKRAM NATH, A.J.SHASTRI
Ruturaj Sankabhai Desai – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR YATIN N OZA SENIOR ADVOCATE WITH MR TUSHAR L SHETH, Adv.
For the Respondent: MS MANISHA L. SHAH, MR KB PUJARA, Adv.

ORDER :

VIKRAM NATH, J.

1. We have heard Shri Yatin N. Oza, learned Senior Advocate assisted by Shri Tushar Sheth, learned counsel for the appellants, Ms. Manisha L. Shah, learned Government Pleader for the State respondent Nos. 1 and 2 and Shri K.B.Pujara, learned counsel for the private respondent Nos.3 to 60.

2. This appeal under clause 15 of the Letters Patent has been preferred assailing the correctness of the order dated 28.02.2020 passed by the learned Single Judge in Special Civil Application No.5182 of 2020, whereby the learned Single Judge fixed 11.03.2020 as next date and further requiring the respondent authority to consider objections of the petitioners and take a decision by the said date and till such decision is taken, the learned Single Judge provided that the provisional list shall not operate. The said order is reproduced below:

    “Issue notice to the respondents, returnable on 11.03.2020. In the meantime, it is open for the respondents to consider the objection of the petitioners and take a decision thereon by the 11.03.2020. Till such a decision is taken, provisional list shall not operate. Direct service, today, is permitted”.

3. Shri Oza, learned Senior Advocate ha

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