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LPA/1947/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1947 of 2010
In
SPECIAL
CIVIL APPLICATION No. 7684 of 2010
with
CIVIL
APPLICATION No.9203 of 2010
=========================================
D
C PARMAR - Appellant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
MR
JJ YAJNIK for Appellant(s) : 1,
MS. KRINA CALLA, ASSTT. GOVERNMENT
PLEADER for Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 08/09/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
Heard
counsel for the appellant and counsel appearing for the respondent.
From the record, we find that learned Single Judge dismissed the case
on the ground of delay, as is evident from order dated 8th
July, 2010. The relevant portion is quoted below:-
The
petitioner had approached this Court with Special Civil Application
No.4183/1996, which came to be disposed of by judgment dated
31.3.2000 along with allied matters. The petitioner came to be
relegated to the Government for deciding the issue raised by him
about the increment. The decision went against him and he was
informed in the year 2002 by the Deputy Secretary. Thereafter, in the
year 2005, he preferred Misc.Civil Application for reviving the
petition, which came to be rejected in the year 2005 itself. The
petitioner was, therefore, aware about his cause of action when he
preferred petition in 1996 and then again Misc. Civil Application in
2005. Despite it, there has been total inaction on the part of the
petitioner in pursuing his cause. It is only in 2010 he comes out
with this petition. The delay, therefore, has to be treated as
inordinate. The petition is, therefore, rejected on the ground of
delay and laches.
In
view of un-explained delay, we are not inclined to interfere with the
order passed by the learned Single Judge. Appeal and CA both stand
dismissed.
(S.J.
Mukhopadhaya, C.J.)
(Anant
S. Dave, J.)
*/Mohandas
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