Gujarat High Court
Krishnakant Janmejay Bhatt vs Executive Engineer G.E.B. (O & M) on 23 January, 2014
Author: Ks Jhaveri
Bench: Ks Jhaveri, A.G.Uraizee
C/LPA/1226/2005 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO. 1226 of 2005
In SPECIAL CIVIL APPLICATION NO. 13751 of 2004
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KRISHNAKANT JANMEJAY BHATT....Appellant(s)
Versus
EXECUTIVE ENGINEER G.E.B. (O & M)....Respondent(s)
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Appearance:
MS TEJAL K SHAH, ADVOCATE for the Appellant(s) No. 1
MR MD PANDYA, ADVOCATE for the Respondent(s) No. 1
MS MAYA S DESAI, 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 : 23/01/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE KS JHAVERI) The present appeal has been filed challenging the order dated 1.12.2004 passed by the learned Single Judge in SCA No. 13751 of 2004.
2. 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 not maintainable as the appellant has not made the concerned Tribunal as a party in the writ petition. Hence the appeal stands dismissed. However, this Court has not expressed anything on merits of the matter.
Page 1 of 2 C/LPA/1226/2005 ORDER3. We, however, clarify that the appellant shall be at liberty to challenge the impugned order of the learned Single Judge before the appropriate forum and the delay occurred in challenging the impugned order of the learned Single Judge before the Appellate Authority would not come in the way of the appellant. Interim relief, if any, will continue for a period of 12 weeks from today.
(K.S. JHAVERI, J.) (A.G.URAIZEE,J) (pkn) Page 2 of 2