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LPA/3086/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 3086 of 2010
In
SPECIAL
CIVIL APPLICATION No. 8438 of 1991
=========================================================
V.C.
PAWAR - Appellant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
RAMNANDAN SINGH for
Appellant(s) : 1,
None for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 11/02/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present appeal arises against the order dated 05.05.2010 in Special
Civil Application No.8438/91 as well as the order dated 16.08.2010
in MCA No.1896/10 passed by the learned Single Judge of this Court,
whereby the initial petition was dismissed and subsequently, the
application for review was also dismissed.
We
have heard Mr.Ramnandan Singh, learned counsel appearing for the
appellant/original petitioner and Mr.Shah, learned AGP for the
respondent authority.
Mr.Singh,
learned counsel appearing for the appellant/original petitioner at
the outset submitted that as the appellant/original petitioner has
already been granted deemed date of promotion, he is desirous to
withdraw the main petition itself as well as the application for
review.
We
find that if the petitioner is desirous to withdraw the petition, no
prejudice would be caused to the respondents.
Further,
appeal being a continuous proceeding, such can be permitted in the
Letters Patent Appeal. Hence, the original petitioner-appellant
herein is permitted to withdraw the main Special Civil Application
No.8438/91 as well as MCA(for review) No.1896/10.
In
view of the order of withdrawal of main Special Civil Application
and the interim application arising therefrom, the present Letters
Patent Appeal would also not survive.
Hence,
the appeal is disposed of accordingly. No order as to costs.
(JAYANT
PATEL, J.)
(J.C.
UPADHYAYA, J.)
*bjoy
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