Gujarat High Court
Prakashkumar Raymalbhai Desai vs The Director General Of Police on 4 April, 2025
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/MCA/723/2025 ORDER DATED: 04/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RECALL) NO. 723 of 2025
In R/LETTERS PATENT APPEAL NO. 714 of 2021
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PRAKASHKUMAR RAYMALBHAI DESAI
Versus
THE DIRECTOR GENERAL OF POLICE & ANR.
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Appearance:
MR VAIBHAV A VYAS(2896) for the Applicant(s) No. 1
MS SHRUTI DHRUVE AGP for the Opponent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 04/04/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE)
1. The present Misc. Civil Application is filed praying for recall of the order dated 22.12.2021 and further to decide the Letters Patent Appeal on merits.
2. The learned advocate for the petitioner submits that the petitioner had preferred a writ petition seeking appointment to the post of Armed Lok Rakshak with consequential benefits. The writ petition came to be dismissed by the learned Single Judge by judgment and order dated 04.08.2020 on the ground of delay of 7 years in filing the writ petition. He submits that the petitioner thereafter preferred Letters Patent Appeal against the said order, which came to be withdrawn upon instructions. He submits that in a similar case where the writ petition of similarly situated petitioner was dismissed on the ground of delay of 8 years vide order dated 03.09.2021 by the learned Single Judge Page 1 of 2 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Mon Apr 07 2025 Downloaded on : Mon Apr 07 22:08:34 IST 2025 NEUTRAL CITATION C/MCA/723/2025 ORDER DATED: 04/04/2025 undefined and confirmed by the order dated 21.06.2022 by the Division Bench, the candidate had approached the Hon'ble Supreme Court and vide order dated 22.10.2024, the Apex Court has granted appointment to the petitioner therein quashing and setting aside the orders of the learned Single Judge and the Division Bench. He, therefore, submits that the present Misc. Civil Application may be allowed.
3. Heard learned advocate for the applicant-writ petitioner.
4. The Letters Patent Appeal No.714 of 2021 was filed by a different advocate on record. The order dated 22.12.2021 records that the Letters Patent Appeal has been withdrawn unconditionally. The present Misc. Civil Application for recall is filed by another advocate, who had not filed and appeared in the said Letters Patent Appeal on behalf of the writ petitioner. Further, it is not in dispute that the learned advocate appearing in the Letters Patent Appeal had withdrawn the Letters Patent Appeal upon instructions of the writ petitioner.
5. In view thereof, the present Misc. Civil Application for recall of the order dated 22.12.2021 is not maintainable and the same is accordingly dismissed. No order as to costs.
(A. S. SUPEHIA, J) (ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN Page 2 of 2 Uploaded by KAUSHIK D. CHAUHAN(HC00197) on Mon Apr 07 2025 Downloaded on : Mon Apr 07 22:08:34 IST 2025