On 16.01.2012, this Court passed the following order;
"Heard learned counsel for the petitioner. The Court's attention was drawn to the instructions issued by the office of the Development Commissioner, Kandla Special Economic Zone, especially to instruction No.(1)(ii), which is sought to be held against the petitioner requesting him vide request/application dated 20.10.2011 and page no.34 application dated 19.11.2011. A submission is canvassed that this instruction is not in accordance with the provisions of Rule 47 as well as Section 30 of the Special Economic Zones Act, 2005.
Hence, notice for final disposal returnable on 01.02.2012. Mr. Champaneri, learned Assistant Solicitor General of India waives service of notice on behalf of respondent no.1. As the notice is issued for final disposal, it is expected that all the respondents be ready with the affidavit-in-reply, in any, meeting with the contentions raised in the memo of petition. Direct service permitted for rest of the respondents."
Today, the request for taking up the matter is granted. This Court had issued notice for final disposal. Unfortunately none appears for respondent no.2, the contesting respondent, and no appearance is filed on his behalf by anyone.
The Court is of the view that before passing any further order one more opportunity is required to be given to respondent no.2 for placing on record his affidavit-in-reply, if any. Hence, the matter is adjourned to 16.02.2012.
Copy of this order is permitted to be served upon respondent no.2, as this Court would decide the matter on 16.02.2012, even if, no one appears on behalf of respondent no.2 and no further time shall be granted. The copy of this order be served as soon as possible and before 10.02.2012.
(S.R.BRAHMBHATT, J.) Pankaj Top