Gujarat High Court
Swaminarayan Sarvopari Siddhant ... vs State Of Gujarat Thro Principal ... on 4 April, 2014
Author: Ks Jhaveri
Bench: Ks Jhaveri, A.G.Uraizee
C/LPA/1387/2012 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO. 1387 of 2012
In SPECIAL CIVIL APPLICATION NO. 10385 of 2012
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SWAMINARAYAN SARVOPARI SIDDHANT DIGVIJAY TRUST &
1....Appellant(s)
Versus
STATE OF GUJARAT THRO PRINCIPAL SECRETARY & 1....Respondent(s)
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Appearance:
MR RAVINDRA SHAH, ADVOCATE for the Appellant(s) No. 1 - 2
MRS KANAN R SHAH, ADVOCATE for the Appellant(s) No. 1 - 2
MR KK PUJARA, ASST GOVERNMENT PLEADER for the Respondent(s) No.
1-2
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CORAM: HONOURABLE MR.JUSTICE KS JHAVERI
and
HONOURABLE MR.JUSTICE A.G.URAIZEE
Date : 04/04/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE KS JHAVERI)
1. Being aggrieved by and dissatisfied with the impugned judgement and order dated 21.09.2012 rejecting Special Civil Application No. 10385 of 2012 rendered by learned Single Judge, the appellants have preferred the present appeal under Clause 15 of the Letters Patent.
2. The learned Single Judge has not entertained the writ petition on the ground of availability of alternative remedy under Section 53 of the Bombay Stamp Act, 1958. We are in Page 1 of 2 C/LPA/1387/2012 ORDER complete agreement with the same. The learned Single Judge is justified in relegating the appellants to avail appropriate statutory remedy for redressal of their grievance as available under Section 53 of the Bombay Stamp Act.
3. In the premises aforesaid, appeal is dismissed. If an appeal is preferred before the competent authority under Section 53 of the Act along with a delay condonation application, we hope that the State Government shall not object to the delay condonation application in view of the fact that the appellant cannot be left high and dry without any remedy. The appellant, therefore, shall file appropriate application within 15 days from today before the competent authority which shall be heard and disposed of on merits along with the delay condonation application taking into consideration Section 15 of the Limitation Act in its true sense as the learned Single Judge has relegated the appellant to avail alternative remedy. We clarify that we have not entered into the merits of the matter and therefore it shall be open to both the sides to raise all the contentions available before the competent authority. No costs.
(K.S.JHAVERI, J.) (A.G.URAIZEE,J) divya Page 2 of 2