Gujarat High Court
The vs Ahmedabad on 8 September, 2011
Bench: V. M. Sahai, Ks Jhaveri
Gujarat High Court Case Information System
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LPA/1300/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1300 of 2011
In
SPECIAL
CIVIL APPLICATION No. 2340 of 2011
with
CIVIL
APPLICATION NO.9290 OF 2011
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THE
HIGH COURT OF GUJARAT - Appellant(s)
Versus
AHMEDABAD
SMALL CAUSES COURT'SCLASS III EMPLOYESS ASSOCIATIO & 1 -
Respondent(s)
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Appearance :
MR
SHALIN N MEHTA for the Appellant
None for Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 08/09/2011
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE KS JHAVERI) By way of filing this appeal, the appellant has prayed for a direction to quash and set aside the direction issued by the learned Single Judge in paragraph 6 of the order dated 12th July 2011. Paragraph 6 of the order dated 12th July 2011 passed by the learned Single Judge in reads as under:
"6. It is made clear that let Registrar General of this Court may also give cooperation and also take effective steps and give response to query if any raised by Government positively as early as possible without delaying further matter so it can be worked out and finalised amendment in rules within three months. Meanwhile let State Government may wait till recruitment rule is finalised in making appointment to the post of Deputy Registrar in Small Cause Court."
2 In view of the decision of this Court in the case of Suo Motu v. S.J. Gaekwad, Registrar, High Court of Gujarat, reported in 2000(1) GLR 752 and in Letters Patent Appeal No.539 of 2011 dated 6th May 2011, the aforesaid directions issued by the learned Single Judge tantamount to interference with the power of the Chief Justice under Article 226 of the Constitution of India. Therefore, we set aside the following directions contained in paragraph 6 of the order dated 12th July 2011:-
"6. ....also take effective steps and give response to query if any raised by Government positively as early as possible without delaying further matter so it can be worked out and finalised amendment in rules within three months. ...."
3 This order is passed with a view to see that the original petitioner is not required to spend huge expenses. However, the petitioner is at liberty to file review application.
4 With the aforesaid observations and directions, the present appeal stands disposed of.
5 In view of the disposal of the main appeal, Civil Application for interim relief does not survive and the same stands disposed of accordingly.
(V.M. Sahai, J.) (K.S.Jhaveri, J.) *mohd Top