VINEET KOTHARI, GITA GOPI
Niranjan M. Shah – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
GITA GOPI, J.
1. This Letters Patent Appeal is filed against the judgment and order passed by the learned Single Judge in Special Civil Application No.8198 of 2012 dated 30.06.2016 wherein, the prayer made by the appellant-petitioner was for issuance of a Writ of Mandamus for quashing and setting aside the orders dated 28.05.2009 and 16.04.2012 of the respondent authority by considering the post on which he was serving as “non-transferable” for the purpose of allotment of land at concessional rate at Gandhinagar. The learned Single Judge rejected the writ petition on the ground that there was no violation of any legal or fundamental right of the appellant-petitioner, while observing that the appellant-petitioner could not claim the allotment of plot as a matter of right.
2. The appellant has challenged the action of the respondent authorities mainly on the ground that the parent Department of the appellant, being the Office of the Additional Director General of Police (Intelligence), Gandhinagar, has recognized the service of the appellant as being “non-transferable” vide communication dated 01.09.2007 of the Director General of Police (Intelligence). The respondent Nos.1 a
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