1. Heard Mr.Dave, learned advocate for the petitioner.
2. By way of this petition under Article-226 of Constitution of India, the petitioner has challenged Notification dated 06/12/2012 canceling the Notification dated 09/03/2012. The learned advocate has invited this Court s attention to the Notification dated 09/03/2012, where objections were invited and the justification for inviting objections for cancellation was enumerated in detail. Therefore, it is alleged that their exists no valid objection by way of coloured exercise. The said Notification is revoked. Let there be a Notice for final disposal returnable on 18th January, 2013.
3. The competent authority of the State shall file an affidavit by the returnable date, placing on record the objections received with details of the date of the receipt and the deliberations thereupon. This affidavit is required to be filed as the counsel has made statement that there exists no substantive objections and statutory authorities concern have opined in favour of merging the committee. The failure on the part of the respondent in filing affidavit on the returnable date would be construed as supporting the contention of the learned advocate for the petitioner, which will persuade this Court to pass appropriate mandatory order staying the impugned Notification. Learned advocate for the petitioner has given copy of the entire petition with annexures to learned AGP for its onwards communication. Direct Service permitted today.
(S.R.BRAHMBHATT, J.) Rathod...
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