(Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We have heard Mr.P.K.Jani, learned Government Pleader assisted by learned Assistant Government Pleader Mr.N.J.Shah for the appellant and Mr.Lalit Patel, learned counsel appearing for the respondent.
2. This Appeal is covered by the decision of the Division Bench dated 26.4.2011 passed in L.P.A.No.113 of 2010 which was connected with other Appeals arising from the same judgment of the learned Single Judge. The instant Appeal also arises from the same judgment of the learned Single Judge. Therefore, it has to meet with the same fate. Therefore, in view of the aforesaid decision of the Division Bench dated 26.4.2010, while no case is made out to interfere with the common judgment dated 13thJanuary, 2010 passed by the learned Single Judge in Special Civil Application No. 12457 of 2009 and analogous cases as challenged in some of the Letters Patent Appeals and Special Civil Application, learned Single Judge in the other case ought not to have referred the mater to the Registrar to decide the representation. Such order of the learned Single Judge dated 14th December 2009 in Special Civil Application No.13024 of 2009 is set aside. The Letters Patent Appeal is disposed of with the aforesaid observation. Interim relief stands vacated. Notice is discharged. No costs.
(V.M.SAHAI,J) (A.J.DESAI,J) ***vcdarji Top