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LPA/758/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 758 of 2008
In
SPECIAL
CIVIL APPLICATION No. 8465 of 2008
With
CIVIL
APPLICATION No. 8875 of 2008
In
LETTERS PATENT APPEAL No. 758 of 2008
==============================================
MISHRA
DIPAK KUMAR NARENDRA BAHADUR - Appellant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
==============================================
Appearance
:
MR AM PAREKH for Appellant(s) :
1,
MS MAITHILI MEHTA ASSTT GOVERNMENT PLEADER for Respondent(s) :
1,
None for Respondent(s) : 2 -
3.
==============================================
CORAM
:
HONOURABLE
THE ACTING CHIEF JUSTICE MR. M.S.SHAH
and
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 30/07/2008
ORAL
ORDER
(Per
: HONOURABLE THE ACTING CHIEF JUSTICE MR. M.S.SHAH)
Mr.A.M.Parekh,
learned advocate for the appellant, submits that the order dated
24.3.2008 (Annexure-F to the petition) suffers from the vice of
non-application of mind and arbitrariness in as much as the Collector
allowed the appeal of respondent No.3 herein, Prince Satyanaran
Khatik, only on the ground that Prince Satyanaran Khatik was the
first to file an appeal before the State Government, which appeal was
not accepted by the State Government and, thereafter, the High Court
entertained the petition and ultimately remanded the matter to the
Collector. The said order of the Collector refers to the fact that no
other party had obtained any order from the competent Court and that
only a letter was sent to the Collector.
2. It
is submitted by Mr.Parekh that this fact was brought to the notice of
the State Government. It is submitted that the State Government’s
order dated 10.6.2008 in favour of the appellant ought not to have
been interfered by the learned single Judge merely because the order
was not drafted in a meticulous manner.
3. NOTICE
for final disposal returnable on 13.08.2008. Till the
returnable date, there shall be ad-interim stay of the order of the
learned single Judge which is under appeal.
Direct
service is permitted.
Sd/-
(
M.S.Shah, Actg.C.J.)
Sd/-
(
D.H.Waghela, J.)
(KMG
Thilake)
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