Gujarat High Court
Jogendrasinhji Vijaysinghji vs State Of Gujarat & 6 on 22 January, 2014
Author: Ks Jhaveri
Bench: Ks Jhaveri, A.G.Uraizee
C/LPA/603/2007 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO. 603 of 2007
In SPECIAL CIVIL APPLICATION NO. 3598 of 2006
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JOGENDRASINHJI VIJAYSINGHJI....Appellant(s)
Versus
STATE OF GUJARAT & 6....Respondent(s)
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Appearance:
MR DHIRENDRA MEHTA, ADVOCATE for the Appellant(s) No. 1
MR SHAIVANG D MEHTA, ADVOCATE for the Appellant(s) No. 1
MR JK SHAH, ASST GOVERNMENT PLEADER for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE KS JHAVERI
and
HONOURABLE MR.JUSTICE A.G.URAIZEE
Date : 22/01/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE KS JHAVERI) The present appeal has been filed challenging the judgement and order dated 02.05.2006 passed by the learned Single Judge in Special Civil Application No. 3598 of 2006.
In light of the recent decision dated 26.12.2013 of the Larger Bench of this Court in LPA No. 596 of 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.
Page 1 of 2 C/LPA/603/2007 ORDERWe, however, clarify that the appellant shall be at liberty to challenge the impugned order of the learned Single Judge before the appropriate forum and accordingly 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. We have not entered into the merits of the matter.
With these observations, present appeal is disposed of. Interim relief, if any, shall continue for a period of 12 weeks from today.
(K.S.JHAVERI, J.) (A.G.URAIZEE,J) divya Page 2 of 2