Gujarat High Court
Divisional Controller vs Thomasbhai K. Parmar on 17 January, 2014
Author: Ks Jhaveri
Bench: Ks Jhaveri, A.G.Uraizee
C/LPA/1354/2012 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO. 1354 of 2012
In SPECIAL CIVIL APPLICATION NO. 12171 of 2002
With
LETTERS PATENT APPEAL NO. 781 of 2012
In
SPECIAL CIVIL APPLICATION NO. 2416 of 2011
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DIVISIONAL CONTROLLER....Appellant(s)
Versus
THOMASBHAI K. PARMAR....Respondent(s)
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Appearance:
MR HS MUNSHAW, ADVOCATE for the Appellant(s) No. 1
MR GK RATHOD, ADVOCATE for the Respondent(s) No. 1
MR MUKESH H RATHOD, ADVOCATE for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE KS JHAVERI
and
HONOURABLE MR.JUSTICE A.G.URAIZEE
Date : 17/01/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE KS JHAVERI) The present appeals have been filed challenging the orders dated 28/3/2012 & 26/4/2012 passed by the learned Single Judge in SCA nos. 2416 of 2011 and 12171 of 2002 respectively.
In light of the recent decision dated 26/12/2013 of the Larger Bench of this Court in L.P.A. No. 596/2008 and cognate appeals, the present appeal is Page 1 of 2 C/LPA/1354/2012 ORDER not maintainable as the appellants have not made the concerned Tribunal as a party in the writ petitions.
We, however, clarify that the appellants shall be at liberty to challenge the impugned orders of the learned Single Judge before the appropriate forum and the delay occurred in challenging the impugned orders of the learned Judge before the Appellate Authority would not come in the way of the appellants.
With these observations, the present appeals are disposed of. Interim relief, if any, to continue for a period of twelve weeks.
(K.S.JHAVERI, J.) (A.G.URAIZEE,J) *asma Page 2 of 2