(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR) By way of this appeal, the appellant has challenged the order of the learned Single Judge passed in Special Civil Application No.9214 of 2011. By the impugned order, the learned Single Judge has dismissed the writ petition. One of the grounds was that, resolution dated 12.7.2011 was not produced and therefore, no relief can be given to the present appellant - original petitioner.
By virtue of interim order of this Court in present Letters Patent Appeal, the appellant was permitted to approach the State Government. The appellant thereafter approached the State Government and now, the State Government has already taken a decision dated 10.4.2012 in pursuance of order of this Court dated 5.3.2012.
Learned Senior Counsel, Mr.K.G.Vakharia states that in view of the subsequent decision of the State Government, this appeal has become infructuous and he has prayed that appellant may be given liberty to challenge the said order by way of appropriate writ petition before the learned Single Judge. He further states that he would also like to challenge the subsequent order dated 10.4.2012 as well as the order dated 12.7.2011.
Learned AGP, Ms.Sangeeta Vishen appearing for the respondent Nos.2 and 3 states that it is true that appeal has become infrucutuous in view of the subsequent development and the appellant is required to challenge the fresh decision by way of appropriate proceedings.
Considering the same, present Letters Patent Appeal is disposed of as having become infructuous with a liberty to the appellant to challenge the order dated 10.4.2012 as well as the order dated 12.7.21012.
The observations made by the learned Single Judge in the impugned order shall not come in the way of the appellant as the subsequent proceedings are required to be decided de novo and on merits.
At the request of learned counsel for the appellant, interim relief which is already operating as on today, is ordered to be continued till 21.6.2012.
It is clarified that we are not expressing any opinion on merits, as it is for the concerned Judge to decide the writ petition filed by the appellant on its own merits.
Notice is discharged.
(P. B. MAJMUDAR, J.) (MOHINDER PAL, J.) (vipul) Top