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2021 Supreme(Guj) 556

J.B.PARDIWALA, VAIBHAVI D.NANAVATI
DELF CONSULTING ENGINEERS (INDIA) PRIVATELIMITED – Appellant
Versus
GOVERNMENT OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant : NANAVATI & CO.
For the Respondent: MR KRUTIK PARIKH, AGP

ORDER :

J.B.PARDIWALA, J.

1. Rule returnable forthwith. Mr. Krutik Parikh, the learned AGP waives service of notice of rule for and on behalf of the respondents.

2. With the consent of the learned counsel appearing for the parties, the matter is taken up for final disposal.

3. By this writ application under Article 226 of the Constitution of India, the writ applicant - a company incorporated under the provisions of the Indian Companies Act, 1956, has prayed for the following reliefs:

    “(a) To issue a writ of mandamus or a writ, order or direction in the nature of writ of mandamus declaring the Circular Memorandum dated 27.11.2020 passed by the Roads and Building Department Government of Gujarat (Annexure P-3) banning the petitioner company for a period of 03 years to be violative of principles of natural justice and therefore bad in law, and consequently quash and set aside the Circular Memorandum dated 27.11.2020 passed by the officer on Special Duty, Roads and Building Department, Government of Gujarat (Annexure P-3);

(b) To pass an ex-parte ad interim order staying the operation of Circular Memorandum dated 27.11.2020 passed by the Roads and Building Department, Government of Gujara

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