(Per : HONOURABLE MR.JUSTICE A.J. DESAI) By way of these two Intra-Court Letters Patent Appeals, the appellants - original petitioners have challenged the judgment dated 14.7.2010 passed by the learned Single Judge in Special Civil Application No.3738 and 3737 of 2010 by which the learned Single Judge has dismissed both the writ petitions on the ground that the dispute in question is under consideration in Regular Civil Suit No.375 of 2006 which is pending before the Civil Court.
2. Today, learned counsel Mr. Jayesh A. Dave appearing for respondent No.4 has submitted that Regular Civil Suit No.375 of 2006 which was pending before the learned Principal Senior Civil Judge, Kachchh at Bhuj is dismissed by the judgment and decree dated 28.3.2011. He further submitted that against the said judgment and decree, Appeal No.8 of 2011 has been filed before the District Court, Kachchh at Bhuj. Mr. Majmudar has accepted this subsequent development in the suit proceedings.
3. The appellant filed the writ petition challenging the order passed by the Secretary (Appeals) dismissing the Revision Applications in which allotment of land in question in favour of respondent No.4 was challenged. The said orders passed by the State Government as well as Collector for grant of land in favour of respondent No.4 were challenged by the appellant in Regular Civil Suit No.375 of 2006 and the said suit came to be dismissed by the competent Civil Court. The Civil Court has decided the rights of the parties. Hence, for the same relief, the appellant cannot file two proceedings i.e. suit and writ petition before this Court. Hence, in our opinion, the learned Single Judge has rightly dismissed the petition when the proceedings were pending before the Civil Court and hence, for the same relief, writ petition cannot be entertained.
4. In the result, this Letters Patent Appeals fail and are accordingly dismissed. The parties shall bear their own costs.
Sd/-
[V.
M. SAHAI, J.] Sd/-
[A.
J. DESAI, J.] Savariya Top