Supreme Court - Daily Orders
Mahendrabhai Kashiram Patel vs State Of Gujarat on 11 July, 2014
¶* ITEM NO.54 COURT NO.8 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 1373/2014
(Arising out of impugned final judgment and order dated 27/09/2013
in MCA No. 2135/2013 in SCA No. 13965/2007 passed by the High Court
Of Gujarat At Ahmedabad)
MAHENDRABHAI KASHIRAM PATEL & ORS Petitioner(s)
VERSUS
STATE OF GUJARAT & ORS Respondent(s)
(With office report)
WITH
S.L.P.(C)......./2014 CC No. 956/2014
(With prayer for and permission to file SLP and Office Report)
Date : 11/07/2014 These petitions were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE DIPAK MISRA
HON’BLE MR. JUSTICE V. GOPALA GOWDA
For Petitioner(s) Ms. Kamini Jaiswal ,Adv.
For Respondent(s) Mr. Chander Uday Singh, Sr.Adv.
Mr.D.N. Ray, Adv.
Mr. Parthiv B. Shah, Adv.
Mr. Lokesh K. Choudhary, Adv.
Mrs. Sumita Ray ,Adv.
Ms. Jesal, Adv.
Ms.Hemantika Wahi, Adv.
Ms. Preeti Bhardwaj, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed.
SLP(C)......CC.956 of 2014: In view of the order passed in SLP(C) No.1373 of 2014 no order need be passed in this application seeking permission to file SLP. Needless to say, it is open to the petitioner to take appropriate steps as advised in law. We may reiterate all questions relating to facts and law are kept Signature Not Verified open.
Digitally signed by Usha Rani Bhardwaj Date: 2014.08.23 12:31:11 IST Reason: (USHA BHARDWAJ) (RENUKA SADANA) AR-CUM-PS (COURT MASTER)
Signed order is placed on the file.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6324 OF 2014
(Arising out of SLP (Civil) No.1373 of 2014) Mahendrabhai Kashiram Patel & Ors. .. Appellant(s) Versus State of Gujarat & Ors. .. Respondent(s) O R D E R Leave granted.
In this appeal by special leave challenge is to the order dated 27th September, 2013 whereby the learned Single Judge has, in exercise of power of review, has recalled the order passed in Special Civil Application No.13965 of 2007 which was disposed of on 11 th August, 2008. Be it noted, the order passed by the learned Single Judge finally disposing of the appeal was assailed by the writ petitioner in LPA. No.537 of 2010. The Division Bench in LPA passed the following order:
"Mr. Thakore, learned counsel seeks permission to withdraw the present appeal with a view to file review application before the learned Single Judge., Without expressing any opinion on merits, permission granted. Disposed of as withdrawn."
Having heard Ms. Kamini Jaiswal learned counsel for the appellant, Mr.Chander Uday Singh learned senior ...2/-
:2:counsel for respondent No.2 and Ms, Jesal learned counsel for respondents 1, 3 and 4, we are of the considered opinion that the learned Single Judge has fallen into an error by exercising power of review in recalling the entire order passed in the writ petition and accordingly we set aside the same.
However, respondent No.2 cannot go remediless. In view of the aforesaid we also recall the order passed in LPA No.537 of 2010 and direct revival of the Letters Patent Appeal in its original number and request the High Court to dispose of the said LPA on its own merits. Be it clarified that we have not expressed any opinion on any of the aspects pertaining to the merits of the case.
If there was an interim order passed by the Divison Bench, the same shall also stand revived as we have revived the appeal. We would request the High Court to dispose of the appeal on its own merits within six months hence.
The appeal is allowed to the extent indicated above. There shall be no order as to costs.
....................J. [DIPAK MISRA] ...................J. [V.GOPALA GOWDA] NEW DELHI, July 11, 2014.