Gujarat High Court
Surjitsinh Amarsinh Mangrola vs Union Of India & on 14 September, 2017
Author: R.Subhash Reddy
Bench: R.Subhash Reddy, Vipul M. Pancholi
C/LPA/1521/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO. 1521 of 2017
In SPECIAL CIVIL APPLICATION NO. 15423 of 2017
With
CIVIL APPLICATION NO. 12069 of 2017
In
LETTERS PATENT APPEAL NO. 1521 of 2017
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SURJITSINH AMARSINH MANGROLA....Appellant(s)
Versus
UNION OF INDIA & 1....Respondent(s)
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Appearance:
MR HR PRAJAPATI, ADVOCATE for the Appellant(s) No. 1
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CORAM: HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY
and
HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 14/09/2017
ORAL ORDER
(PER :HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY)
1. This Letters Patent Appeal is filed aggrieved by the order dated 08.09.2017 passed in Special Civil Application No.14875 of 2017.
2. The learned Single Judge has passed the following order on 08.09.2017:
"Learned Senior Counsel Shri Manish Bhatt has placed the order of the Hon'ble Apex Court and has requested for adjournment for three weeks as the Hon'ble Apex Court has stayed the proceedings of the matter.
On the other hand, learned advocate Page 1 of 3 HC-NIC Page 1 of 3 Created On Sat Sep 16 21:01:34 IST 2017 C/LPA/1521/2017 ORDER Shri Prajapati has stated that same order passed in Special Civil Application No.7986 of 2017 and allied group of matters dated 24.04.2017 may be passed in Special Civil Application No. 6205 of 2017 and allied group of matters.
As it transpires, on one hand, learned advocate, Shri Prajapati has suggested that all these matters are same and on the other hand, he has stated it does not include the some of the matters though the order of the Hon'ble Apex Court is placed on record.
Be that as it may, the request made by learned Senior Counsel, Shri Bhatt is granted.
The matter is adjourned to
06.10.2017."
3. It is brought to our notice by learned
counsel that earlier in a group of similar and identical matters, learned Single Judge has passed an order on 24.04.2017 protecting the interest of the applicant therein. Though the matter is similar, similar order is not passed by the learned Single Judge. At the same time, it is also brought to our notice by the learned counsel appearing for the appellant that in identical matters, the Indian Oil Corporation Ltd. has approached the Hon'ble Supreme Court and the Hon'ble Supreme Court has granted stay of further proceedings in identical matters pending before this Court by order dated 09.08.2017. In identical matters, when the proceedings are Page 2 of 3 HC-NIC Page 2 of 3 Created On Sat Sep 16 21:01:34 IST 2017 C/LPA/1521/2017 ORDER stayed by the Hon'ble Supreme Court, the applicant herein cannot expect the order passed by this Court earlier to 09.08.2017.
4. In that view of the matter, we do not find any merit in this appeal. Accordingly, appeal is dismissed. In view of dismissal of appeal, civil application also stands disposed of.
(R. SUBHASH REDDY, CJ) (VIPUL M. PANCHOLI, J.) Jani Page 3 of 3 HC-NIC Page 3 of 3 Created On Sat Sep 16 21:01:34 IST 2017