THE HON’BLE SRI JUSTICE V.V.S.RAO AND
THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR
Between:
WRIT APPEAL No.1805 of 2001 Dated:22.06.2010
The Chief of the Naval Staff, Naval Headquarters, New Delhi, And another.
...Appellants And Lt (SDREG) (Retd) Sarwan Singh, D.No.505, Army WHO, Sector 9, Nerul, Mumbai.
...Respondent
THE HON’BLE SRI JUSTICE V.V.S.RAO AND
THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR
WRIT APPEAL No.1805 of 2001
JUDGMENT: (per Hon’ble Sri Justice V.V.S.Rao)
under.
The matter has been placed before us on the Office note, which reads as
FOR ORDERS OF THE HON’BLE COURT
W.A.No.1805 of 2001 And W.A.No.77 of 2002 It is respectfully submitted that above Writ Appeals were filed by the Government against the Common Judgment of this Hon’ble Court in W.P.No.15489 & 15876 of 1990 dated 06.07.2001 and the Hon’ble Single Judge clubbed both the WPs in view of the fact that the question of Law involved in both the WPs is common and disposed of the same.
It is further submitted that questioning the Common Order in Both the WPs passed by the Hon’ble Single Judge two WAs have been preferred by the Government i.e., Writ Appeal Nos.1805 of 2001 and 77 of 2002. Both WAs were posted before the Hon’ble Division Bench and the matters were adjourned several times, and on 25/09/2008 when they came up before Hon’ble Division Bench presided over by Hon’ble Sri Justice B.PRAKASH RAO and Hon’ble Sri Justice R.KANTHA RAO the following Order was passed:-
“It is represented that the respondent in WA.No.1805 of 2001 died. Adjourn the matter for steps”
As per the Hon’ble Court’s direction no steps were taken by the learned Government Pleader and as on today, as per A.E.Records, no L.R.Petition is filed.
The above Writ Appeals were not admitted till today.
As rightly recorded by the Registry, the respondent having died, the Writ Appeal itself abates. The Assistant Solicitor General seeks time, but we are not inclined to accede to his request as the matter is an old one and the appellants, being very responsible Officers of the Union of India, did not prosecute the case properly.
The Writ Appeal is dismissed as abated.
(V.V.S.RAO, J) (VILAS V.AFZULPURKAR, J) 22.06.2010 vs