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Director District Rural Development ... vs Kishorkumar D. Tank on 9 February, 2016

Bench: A.K. Sikri, Prafulla C. Pant

                                                           1

                                        IN THE    SUPREME COURT OF INDIA

                                          CIVIL APPELLATE JURISDICTION


                                   CIVIL APPEAL NOS. 1107-1108 OF 2016
                               (Arising out of SLP(C) Nos.6683-6684 of 2015


                          DIRECTOR DISTRICT RURAL                       .. APPELLANT(S)
                          DEVELOPMENT AGENCY AND
                          ANR.

                                                    VERSUS


                          KISHORKUMAR D. TANK & ORS.                    .. RESPONDENT(S)

                                                      WITH

                                   CIVIL APPEAL NOS.1109-1110 OF 2016
                              (Arising out of SLP(C) Nos.6685-6686 of 2015


                                                      O R D E R

1. Leave granted.

2. The appellants-herein challenged the order passed by the learned Single Judge by filing Letters Patent Appeals before the Division Bench Signature Not Verified of the High Court which had been dismissed by the Digitally signed by NEELAM GULATI impugned judgments and orders dated 28.03.2014 and Date: 2016.02.27 12:01:09 IST Reason:

03.09.2014 on the ground that such Letters Patent  2 Appeals are not maintainable.

2A. Learned counsel for the appellants argued that these matters are squarely covered by a recent judgment of this Court in the case of Jogender Singhji Vijay Singh vs. State of Gujarat & Ors. reported in (2015) 9 SCC 1, wherein it is held that such an LPA is maintainable.

3. Accordingly, impugned judgments and orders are set aside and the matters are remitted to the High Court to decide the Letters Patent Appeals on merits.

4. We are informed that some of the workmen have already been reinstated. They would be allowed to continue to work till the decision in the LPAs and their continuation would depend on the outcome of the LPAs.

5. The appeals are accordingly disposed of.

....................J. [ A.K. SIKRI ] ....................J. [ PRAFULLA C. PANT ] NEW DELHI, FEBRUARY 09, 2016.

ITEM NO.23                 COURT NO.12               SECTION XV

               S U P R E M E C O U R T O F      I N D I A
                       RECORD OF PROCEEDINGS

Petitions for Special Leave to Appeal (C) Nos. 6683-6684/2015 (Arising out of impugned final judgment and order dated 28/03/2014 in LPA No. 1093/2013 in SCA No. 1834/2005 and dated 07/03/2013 in SCA No. 1834/2005 passed by the High Court Of Gujarat At Ahmedabad) DIRECTOR DISTRICT RURAL DEVELOPMENT AGENCY AND ANR Petitioner(s) VERSUS KISHORKUMAR D. TANK & ORS Respondent(s) (With interim relief and office report) (For Final Disposal) WITH SLP(C) No. 6685-6686/2015 (With Office Report) Date : 09/02/2016 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE PRAFULLA C. PANT For Petitioner(s) Ms. Hemantika Wahi,Adv.

Ms. Jesal Wahi, Adv.

For Respondent(s) Mr. Parvez Bashista, Adv.

Mr. Debasis Misra,Adv.

Mr. Purvish Jitendra Malkan,Adv. Mr. Jitendra Malkan, Adv. Ms. Dharita Malkan, Adv. Ms. Sangya Arora, Adv.

Ms. Arunima Singh, Adv.

UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeals are disposed of in terms of the signed order.

[ Charanjeet Kaur ] [ Tapan Kr. Chakraborty ] A.R.-cum-P.S. Court Master { Signed order is placed on the file ]