Gujarat High Court Case Information System
Print
LPA/1335/2009 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1335 of 2009
In
SPECIAL
CIVIL APPLICATION No. 9394 of 2008
=========================================
GIRISHBHAI
CHANDULAL PATEL
Versus
COLLECTOR,
AHMEDABAD AND OTHERS
=========================================Appearance
:
MR PS PATEL
for the Appellant
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 03/05/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
The
grievance of the appellant is that his property has been auctioned
pursuant to the order of the Civil Court passed in 2008. The
appellant filed the writ petition challenging the action of National
Small Industries Corporation Ltd., whereby the aforesaid Institution
has attached the properties and prayed for auction to the Civil
Court. Auction took place in 2008.
The
learned Single Judge found that this involves disputed questions of
fact which are required to be gone into and therefore, refused to
entertain the writ petition.
We
do not think that any illegality has been committed by the learned
Single Judge in dismissing the petition because in the writ
jurisdiction, such an order is not liable to be challenged.
In
view of the above, the appeal has no force and the same is
dismissed.
(BHAGWATI
PRASAD, J.)
(J.C.UPADHYAYA,
J.)
omkar
Top