CA/13987/1999 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION - FOR AMENDMENT No. 13987 of 1999 In SPECIAL CIVIL APPLICATION No. 2447 of 1998 ========================================================= BB SHAH - Petitioner(s) Versus COLLECTOR - Respondent(s) ========================================================= Appearance : MR JAYANT P BHATT for Petitioner(s) : 1, None for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE K.M.THAKER Date : 07/07/2008 ORAL ORDER
Mr.
Bhatt appears and refers to the order dated 3.4.1998 passed by the
Court [Coram: Hon’ble Mr. Justice K.R. Vyas, as His Lordship then
was] whereby the Hon’ble Court admitted the petition and further
directed that the petition should be heard with LPA No. 89/1994.
With reference to the said direction, Mr. Bhatt submits that the LPA
has already been disposed of by judgment and order dated 1.4.1999.
He also admits that he has no idea as to why this petition, despite
the aforesaid order dated 3.4.1998 was not heard along with the said
LPA. In his submission, the petition is pending for final hearing.
2. He
has also submitted that the petition was preferred in 1998 and
thereafter the petitioner sought to amend the petition and for that
purpose made a request for permission to amend the petition by virtue
of Civil Application No. 13987 of 1999. The said application has
also remained without further hearing and appropriate orders thereon.
He has clarified that the papers of Special Civil Application and
Civil Application were misplaced and therefore he had to reconstruct
the petition as well as the civil application and that is how the
application has come up for hearing today before this Court. He has
given the said explanation to clarify as to why amendment in a
petition of 1998 is being prayed for in 2008. The aforesaid
explanation clarifies the said aspect.
3. Considering
the averments made in the application and plea prayed for, issue
Notice returnable on 21st July, 2008. Direct service is
permitted.
[
K.M. Thaker, J. ]
rmr.