Prabhaben J. Sharma Petitioner(S) v. Union Of India & 2 (S)

ORAL ORDER

Today at the time of hearing, Mr. Karnavat, learned advocate for the respondents fairly submitted that the petitioner's assertion that information about pendency of the petition was conveyed to the concerned officer is factually right and the petitioner had informed the concerned officer.

Learned advocate for the respondents also submitted that the respondent authority is ready to and will restore the status-quo ante, for the purpose of further hearing of present petition however, the respondent authority will need atleast two weeks time to restore the status-quo ante.

With the clarification that the restoration of status-quo ante will not prejudice, in any manner, the defence of the respondent authority and the justification by the respondent authority in support of the action of not accepting the petitioner's request and/or in support of its decision impugned in the petition will be considered on merits on the next date of hearing and with further clarification that the fact that the respondent authority has restored the status-quo ante will not stand in way of the respondent in raising all contentions available in law, time for restoration of status-quo ante as requested for by learned advocate for the respondent is granted.

The respondent will do needful to restore the status-quo ante by 17.9.2014

The hearing of the petition is adjourned to 18.9.2014

It is again clarified that the aforesaid restoration of status-quo ante is without prejudice to the rights and contentions of the respondent authority and it will not create any fresh or additional equity in favour of the petitioner.

The concerned officer of the respondent authority Mr. S.K Charan and Mr. A.P Mishra are present in the Court and Mr. Karnavat, learned advocate for the respondents has made aforesaid statement on instructions from the said two officers as well as from the higher authority at Mumbai.