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LPA/1557/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1557 of 2010
In
SPECIAL
CIVIL APPLICATION No. 2127 of 1987
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FOOD
CORPORATION OF INDIA & 2 - Appellant(s)
Versus
GUJARAT
ROLLER & 1 - Respondent(s)
=================================================
Appearance :
MR
YF MEHTA for Appellant(s) : 1 - 3.
NOTICE SERVED BY DS for
Respondent(s) : 1 - 2.
MR KAUSHAL D PANDYA for Respondent(s) :
1,
=================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 11/01/2011
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
This
appeal has been preferred by the Food Corporation of India against
the order of the learned Single Judge dated 27.3.2009 whereby the
writ petition preferred by the 1st respondent was allowed
in terms with the directions given in other similar case in Letters
Patent Appeal No. 687 of 1997 decided on 11.6.2001.
2. It
appears that the respondent – writ petitioner wanted certain
benefits pursuant to the circular dated 11.2.1979 which having
denied, he preferred the writ petition. The learned Single Judge
having noticed that such circular fell for consideration before a
Division Bench of this Court in LPA No. 687 of 1997 and the Division
Bench by order dated 11.6.2001 having directed the Food Corporation
of India to make payment of the outstanding claim of the petitioner
of the said case in accordance with the provisions of the said
circular, disposed of the writ petition of the respondent –
writ petitioner with similar directions.
3. The
learned counsel for the appellant would contend that the case of the
respondent – writ petitioner was considered and rejected, but
it is not in dispute that the circular dated 11.2.1979 is in vogue
and with regard to a similarly situated person, direction was given
by the Division Bench of this Court to make payment of outstanding
dues in terms of the said circular dated 11.2.1979. In that view of
the matter, if the learned Single Judge has given similar direction
that the Food Corporation of India is required to reconsider the
claim of the respondent – writ petitioner as per the circular
dated 11.2.1979 and on such consideration, if any amount is found
payable and outstanding, they will pay the same in accordance with
the provisions of the circular dated 11.2.1979 within three months
from the date of receipt of the copy of the order, but they cannot
reject the same on the ground of limitation, no case is made out for
interfering with the said order of the learned Single Judge.
However, no interest having allowed in the other case, no such order
for interest is passed in the present case.
The
appeal stands disposed of. No costs.
[S.J.
MUKHOPADHAYA, CJ.]
[K.
M. THAKER, J.]
sundar/-
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