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Gujarat High Court

Maarufkhan Firozkhan Pathan vs State Of Gujarat on 20 March, 2019

Author: Anant S. Dave

Bench: Anant S. Dave, Biren Vaishnav

          C/CA/473/2019                                    ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/CIVIL APPLICATION NO. 473 of 2019

            In F/LETTERS PATENT APPEAL NO. 9254 of 2019

==========================================================
                    MAARUFKHAN FIROZKHAN PATHAN
                               Versus
                         STATE OF GUJARAT
==========================================================
Appearance:
MR SN SHELAT, SENIOR ADVOCATE WITH MR HARSH N PAREKH(6951)
for the Applicant(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,
33,34,35,36,37,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,51,52,53,54,55,5
6,57,58,59,6,60,61,62,63,64,65,66,67,68,69,7,70,8,9
MR SHIVANG M SHAH(5916) for the Applicant(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,
33,34,35,36,37,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,51,52,53,54,55,5
6,57,58,59,6,60,61,62,63,64,65,66,67,68,69,7,70,8,9
 for the Respondent(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,4,5
,6,7,8,9
MR CHINTAN DAVE, ASSISTANT GOVERNMENT PLEADER for
Respondents 1-2
MR DG SHUKLA for Respondent No.3 - GPSC
MR BS SUPEHIA, ADVOCATE for Respondents No.4 to 31 - Original
Petitioners
==========================================================
 CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE
        and
        HONOURABLE MR.JUSTICE BIREN VAISHNAV

                      Date : 20/03/2019
                        ORAL ORDER

(PER : HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE) Rule. Service of notice of Rule is waived by learned counsel for the respective respondents.

Heard Mr.S.N.Shelat, learned Senior Advocate with Mr.Harsh N.Parekh and Mr.Shivang M. Shah, learned advocates Page 1 of 2 C/CA/473/2019 ORDER for the appellants, Mr.Chintan Dave, learned Assistant Government Pleader for respondents No.1 and 2, Mr.D.G.Shukla, learned advocate for respondent No.3 and Mr.B.S.Supehia, learned advocate for private respondents No.4 to 31 - original petitioners.

Having regard to the facts and circumstances of the case and averments made on oath on which reliance is placed by Shri S.N.Shelat, learned Senior Advocate, to submit that order dated 11.02.2019, passed by learned Single Judge in Special Civil Application No.2155/2019, if allowed to operate, would affect the applicants' herein and for all purposes, the applicants would be necessary as well as proper party, we deem it just and proper to grant leave to appeal as prayed for by allowing the application. Civil Application stands disposed of. Rule is made absolute.

The Letters Patent Appeal along with Civil Application for interim relief be listed on 27.03.2019.

(ANANT S. DAVE, ACJ) (BIREN VAISHNAV, J) sunil Page 2 of 2