(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. ADMIT. Learned AGP Ms.Jirga Jhaveri waives service of notice of admission on behalf of respondents No.1 to 3. Since the facts are not disputed, with the consent of learned advocates appearing for the parties, we have taken up this appeal for final disposal at the admission stage.
2. We have heard learned advocate Mr.Nilesh Pandya for the appellants and learned AGP Ms.Jirga Jhaveri for the respondents No.1 to 3..
3. In this Letters Patent Appeal, the order dated 25.8.2010 passed by the learned Single Judge in Special Civil Application No.3721 of 1998 has been challenged.
4. Learned counsel for the appellants has urged that he was praying time so that he may be able to file the judgment of LPA as well as the judgment of learned Single Judge passed in earlier proceedings. The learned Single Judge has dismissed the writ petition only on the ground that the petitioner was seeking adjournment and was not ready to proceed with the hearing of the matter on merits. Since the learned counsel for the appellants has urged that the aforesaid two judgments were relevant for deciding the controversy and, therefore, in our opinion, the learned Single Judge was not justified in refusing adjournment and therefore the appeal deserves to be allowed.
5. For the aforesaid reasons, the appeal is allowed. The impugned order dated 25.8.2010 passed by the learned Single Judge in Special Civil Application No.3721 of 1998 is set aside and the matter is remanded to the learned Single Judge to decide the matter afresh, in accordance with law, on merits. Learned advocate for the appellants is directed to file the copies of the two judgments passed in LPA and Writ Petition in earlier proceedings, before the learned Single Judge within three weeks from today, and the learned AGP is permitted to file reply to the writ petition within a period of two weeks after the copies of the judgments which are filed by the learned counsel for the appellants are served on the learned AGP. The appeal stands disposed of with no order as to costs.
(V.M. SAHAI, J.) (A.J.DESAI, J.) syed/