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LPA/145/1998 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 145 of 1998
In
SPECIAL
CIVIL APPLICATION No. 247 of 1998
For
Approval and Signature:
HONOURABLE
MR.JUSTICE A.L.DAVE
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ? NO
2
To be
referred to the Reporter or not ? NO
3
Whether
their Lordships wish to see the fair copy of the judgment ? NO
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ? NO
5
Whether
it is to be circulated to the civil judge ? NO
=========================================================
VD
KULKARNI & 4 - Appellant(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MRS
KETTY A MEHTA for
Appellant(s) : 1 - 5.
MS MOXA THAKKAR, AGP for Respondent(s) : 1
- 3.
NOTICE SERVED BY DS for Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 07/09/2010
ORAL
JUDGMENT
(Per : HONOURABLE MR.JUSTICE
A.L.DAVE)
1.
Heard learned advocate Ms.Nisha Thakor for the appellants and
learned AGP Ms.Moxa Thakkar for the respondents.
2.
This Letters Patent Appeal arises out of an order passed in
Special Civil Application No.247 of 1998 on 4.2.1998 whereby the said
petition came to be dismissed summarily. The said petition was
preferred to challenge the order passed by the respondent on
12.1.1998 under which the petitioners were ordered to be transferred
from the office of Controller of Food and Civil Supplies to various
offices under the administrative control of the Collector, Ahmedabad.
Resolution of Food and Civil Supplies Department, State of Gujarat
dated 15.11.1995 was also under challenge before the learned Single
Judge. The said challenge was turned down on the ground of delay and
laches. The learned Single Judge did not interfere with the orders
of transfer and hence this appeal.
3.
The orders of transfer is dated 12.1.1998. No protection against
that order is granted to the petitioners either by the learned Single
Judge or by this Division Bench. In that view of the matter, and
considering the lapse of period of about 12 years, in our view, the
appeal has become infructuous and is, therefore, disposed of
accordingly.
(A.L.
DAVE, J.)
(BANKIM
N.MEHTA, J.)
syed/
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