(Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. Heard learned counsel Mr.Hemang Raval for the appellant.
2. This Letters Patent Appeal has been filed challenging the order of the learned Single Judge dated 19.10.2011 passed in Special Civil Application No.15665 of 2011 by which the learned Single Judge has dismissed the petition whereby the original petitioner has challenged the order of Mamlatdar dated 9.8.2011 by which the Mamlatdar has given direction to the Police Sub-Inspector for removal of the obstruction namely sand.
3. It is not disputed by learned counsel for the appellant that the order passed by the Mamlatdar has been excluded by himself and he has not taken help of the Police Sub-Inspector. Since the order passed by the Mamlatdar has been excluded by himself, nothing survives to be decided in this matter. Learned counsel for the appellant has submitted that the powers of Mamlatdar to issue direction to the Police Sub-Inspector for exclusion may be decided, as Section 21 of the Mamlatdar's Court Act, 1906, does not authorise the Mamlatdar to issue order to Police Sub-Inspector for executing his order. Since the cause does not survive, then no useful purpose would be served in entertaining this appeal about the exercise of powers of Mamlatdar under the Mamlatdar's Court Act, 1906.
4. For the aforesaid reasons, we do not find any merits in the appeal. The appeal fails and is accordingly dismissed with no order as to costs.
(V.M. SAHAI, J.) (A.J.DESAI, J.) syed/ Top