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LPA/2367/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2367 of 2010
In
SPECIAL
CIVIL APPLICATION No. 9950 of 2009
=====================================================
DISTRICT
EDUCATION OFFICER & 1 - Appellant(s)
Versus
UMIYASHANKAR
BHULESHVAR JOSHI & 2 - Respondent(s)
=====================================================
Appearance
:
MS KRINA CALLA, ASST. GOVT. PLEADER
for Appellants) : 1 - 2.
MS MAMTA R VYAS for Respondent(s) :
1,
NOTICE SERVED BY DS for Respondent(s) : 2 - 3.
MR DIPEN
DESAI for Respondent(s) : 2 -
3.
=====================================================
CORAM
:
HONOURABLE
THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 16/11/2011
ORAL
ORDER
(Per
: HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA)
This
appeal is directed against an order passed by a learned Single Judge
in exercise of powers under Article 227 of the Constitution of India
in a writ-application filed against an order of a Tribunal, where the
Tribunal was not made a party.
No
appeal lies against such order under clause 15 of the Letters Patent
Act. We, therefore, dismiss the appeal on this ground alone, without
entering into the merits of the case.
It
is, however, clarified that dismissal of this appeal will not stand
in the way of the appellant in seeking appropriate remedy before the
appropriate forum in accordance with law.
Interim
order granted earlier stands vacated. Notice is discharged. No order
as to costs.
[BHASKAR
BHATTACHARYA, ACTING C.J.]
[J.B.PARDIWALA
J.]
mathew
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