Gujarat High Court Case Information System
Print
LPA/1071/2011 3/ 3 JUDGMENT
IN
sTHE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1071 of 2011
IN
SPECIAL
CIVIL APPLICATION No. 10769 of 2010
WITH
CIVIL
APPLICATION No. 7991 of 2011
IN
LETTERS
PATENT APPEAL No. 1071 of 2011
For
Approval and Signature:
HONOURABLE
MR.JUSTICE V. M. SAHAI Sd/-
HONOURABLE
MR.JUSTICE KS JHAVERI
Sd/-
======================================
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
======================================
STATE
OF GUJARAT & 1 - Appellants
Versus
PATEL
RAMESHBHAI KHUMABHAI & 3 - Respondents
======================================
Appearance
:
MR NJ SHAH,
AGP
for Appellants.
MR BIPIN JASANI for Respondent No.1.
RULE
SERVED for Respondent Nos.2 to
4.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 18/10/2011
ORAL JUDGMENT
(Per
: HONOURABLE MR.JUSTICE KS JHAVERI)
By
way of this Intra-Court Letters Patent Appeal, the appellants –
original petitioners have challenged the judgment and order dated
14.10.2010 passed by the Learned Single Judge in Special Civil
Application No.10769 of 2010 whereby the Learned Single Judge
dismissed the writ petition filed by the appellants on the ground of
delay and laches.
2. Though
the present Letters Patent Appeal as well as Civil Application are
listed for admission, with the consent of learned counsel for the
parties, we have taken up the appeal as well as Civil Application for
final disposal.
3. We
have heard Mr. N. J. Shah, learned Assistant Government Pleader
appearing for the appellants and Mr. Bipin Jasani, learned counsel
appearing for the respondent No.1.
4. The
writ petition was filed by the appellants challenging the judgment
and order dated 16.09.2009 passed by the Gujarat Higher Secondary
Schools Services Tribunal at Ahmedabad in Application No.136 of 2007.
The writ petition was filed on 23.08.2010. The Learned Single Judge
dismissed the writ petition only on the ground of delay and laches.
In our view, the Learned Single Judge ought to have decided the
matter on merits. Hence, the present Letters Patent Appeal deserves
to be allowed.
5. In
that view of the matter, the present Letters Patent Appeal is
allowed. The judgment and order dated 14.10.2010 passed by the
Learned Single Judge in Special Civil Application No.10769 of 2010 is
quashed and set aside. Special Civil Application No.10769 of 2010
is remanded back to the Learned Single Judge for deciding the same on
merits. It is made clear that this Court has not gone into the
merits of the matter and has not expressed any opinion on the merits
of the matter.
6. The
Learned Single Judge is requested to decide the writ petition on
merits expeditiously, subject to His Lordship’s convenience.
7. In
view of disposal of appeal, Civil Application also stands disposed
of.
Sd/-
[V. M. SAHAI, J.]
Sd/-
[K. S. JHAVERI, J.]
Savariya
Top