Gujarat High Court
State Of Gujarat & Others vs Dr Nareshbhai Prahladbhai Patel on 3 February, 2014
Bench: Ks Jhaveri, A.G.Uraizee
C/LPA/1284/2011 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO. 1284 of 2011
In SPECIAL CIVIL APPLICATION NO. 13478 of 2010
WITH
LETTERS PATENT APPEAL NO.910 of 2011
In SPECIAL CIVIL APPLICATION NO.13479 of 2010
WITH
LETTERS PATENT APPEAL NO.1287 of 2011
In SPECIAL CIVIL APPLICATION NO. 13565 of 2010
WITH
LETTERS PATENT APPEAL NO.843 of 2011
In SPECIAL CIVIL APPLICATION NO. 13478 of 2010
WITH
LETTERS PATENT APPEAL NO. 926 of 2011
In SPECIAL CIVIL APPLICATION NO. 13565 of 2010
WITH
LETTERS PATENT APPEAL NO. 844 of 2011
In SPECIAL CIVIL APPLICATION NO. 13479 of 2010
WITH
LETTERS PATENT APPEAL NO. 845 of 2011
In SPECIAL CIVIL APPLICATION NO. 13842 of 2010
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE KS JHAVERI
and
HONOURABLE MR.JUSTICE A.G.URAIZEE
=========================================
1 Whether Reporters of Local Papers may be allowed to see the
judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the judgment ?
Page 1 of 3
C/LPA/1284/2011 JUDGMENT
4 Whether this case involves a substantial question of law as to the
interpretation of the Constitution of India, 1950 or any order made
thereunder ?
5 Whether it is to be circulated to the civil judge ?
=========================================
STATE OF GUJARAT & OTHERS
Versus
DR NARESHBHAI PRAHLADBHAI PATEL
=========================================
Appearance:
MR JK SHAH, ASST. GOVERNMENT PLEADER for the Appellants
Mr Suthar for Mr NK Majmudar for the Respondent
=========================================
CORAM: HONOURABLE MR.JUSTICE KS JHAVERI
and
HONOURABLE MR.JUSTICE A.G.URAIZEE
Date : 03/02/2014
COMMON ORAL JUDGMENT
(PER : HONOURABLE MR.JUSTICE KS JHAVERI) By way of filing these appeals, the appellants - original respondents have challenged the judgment and order passed by the learned Single Judge in Special Civil Application No.13478 of 2010 and other cognate petitions.
At the outset, Mr JK Shah, learned Assistant Government Pleader has submitted that the order of the learned Single Judge was passed at the admission stage itself and the appellants - original respondents could not file the reply to deal with averments made in the petition. He, therefore, submitted that ends of justice would be met if the matters are remanded back to the learned Single Judge so that the appellants would get an opportunity to deal with the averments made in the petition by filing reply affidavit. Mr Suthar, learned counsel for the respondent has not objected to same.
Page 2 of 3C/LPA/1284/2011 JUDGMENT Accordingly, all the appeals are allowed. The order passed by the learned Single Judge in Special Civil Applications are set aside. The matters are remanded to the learned Single Judge for deciding the same afresh after considering the reply to be filed by the appellants. Subject to the aforesaid observations, all the appeals stand disposed of.
It is clarified that pursuant to the directions issued by the learned Single Judge in case any benefit is extended to any of the petitioner/s, then, no recovery will be effected from the concerned petitioner, subject to the result of the writ petitions.
(K.S.JHAVERI, J.) (A.G.URAIZEE, J.) *mohd Page 3 of 3