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2024 Supreme(Guj) 2176

VAIBHAVI D. NANAVATI
STATE OF GUJARAT – Appellant
Versus
MAYUDDIN FAKRIDINN MALEK (DECEASED) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: SUMAN MOTLA

JUDGMENT :

VAIBHAVI D. NANAVATI, J.

1. Heard Ms. Suman Motla, learned A.G.P. appearing for the petitioner in Special Civil Application No. 16438 of 2007.

2. The matters have been listed for hearing from time to time however, none has appeared for the legal heirs of the respondent no. 1 neither any request is made for adjournment.

3. In view of the aforesaid, by way of the present petitions, the order dated 29.05.2006 passed by the learned Gujarat Civil Services Tribunal in Appeal No. 280 of 2003, which was filed by deceased respondent-Shri M.F. Malek, is challenged.

4. The facts stated in petition being Special Civil Application No. 16438 of 2007 are recited and the said petition is treated as the lead matter.

5. Since the respondent herein was the appellant before the learned tribunal and the appeal was dismissed, for the sake of convenience, Shri M.F. Malek is treated as the petitioner and the State is referred to as the respondent.

6. By way of the present petitions, the petitioner has prayed for the following reliefs:

    “(A) Your Lordships may be pleased to issue writ of mandamus or writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the judgme

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