Gujarat High Court High Court

Special Civil Application No. 664 … vs M.R. Mengdey on 3 August, 2010

Gujarat High Court
Special Civil Application No. 664 … vs M.R. Mengdey on 3 August, 2010
Author: N.G.Nandi,&Nbsp;
     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD



     SPECIAL CIVIL APPLICATION No 664 of 1988




     For Approval and Signature:



              Hon'ble MR.JUSTICE N.G.NANDI


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1. Whether Reporters of Local Papers may be allowed : NO
to see the judgements?

2. To be referred to the Reporter or not? : NO

3. Whether Their Lordships wish to see the fair copy : NO
of the judgement?

4. Whether this case involves a substantial question : NO
of law as to the interpretation of the Constitution
of India, 1950 of any Order made thereunder?

5. Whether it is to be circulated to the concerned : NO
Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals?

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JESA DEVA
Versus
STATE OF GUJART

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Appearance:

1. Special Civil Application No. 664 of 1988
MR PH PATHAK for Petitioner No. 1
M.R. MENGDEY, AGP for Respondent No. 1
MR JR NANAVATI for Respondent No. 2

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CORAM : MR.JUSTICE N.G.NANDI

Date of decision: 03/05/2003

ORAL JUDGEMENT

1.Heard Mr. M.M. Parmar, for Mr. P.H. Pathak,
learned advocate for the petitioner. It is stated by Mr.
J.R. Nanavati, learned advocate for the respondent that
the services of the petitioner has been regularisd by the
respondent Municipality, and therefore, the present
petition has become infructuous.

It is stated by Mr. Parmar that, on the basis of
the statement made by learned advocate for the respondent
the petition may be disposed of as not surviving, but,
with a liberty to the petitioner to revive the petition
if the regularisation of the petitioner’s service is not
with effect from the date the service of the employee
junior to the petitioner has been regularised.

2.In view of the above statement made by Mr. J.R.
Nanavati for the respondent, the petition is dismissed as
not surviving, with leave and liberty as above reseved to
the petitioner.

3.Petition dismissed as not surviving. Rule
discharged. Interim relief stands vacated. No costs.

Dt: 3-5-2003                        ( N.G. Nandi, J )



/vgn