Kokilaben Hiralal Prajapati ... vs Designated Officer, Urban ...
2021 Latest Caselaw 1605 Guj

         C/LPA/151/2021                                   ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/LETTERS PATENT APPEAL NO. 151 of 2021
         In R/SPECIAL CIVIL APPLICATION NO. 14750 of 2020
                               With
            CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
            In R/LETTERS PATENT APPEAL NO. 151 of 2021
==========================================================
 KOKILABEN HIRALAL PRAJAPATI MEMBER THARAD NAGARPALIKA
                          Versus
DESIGNATED OFFICER, URBAN DEVELOPMENT AND URBAN HOUSING
                  DEPARTMENT & 4 other(s)
==========================================================
Appearance:
MR DP KINARIWALA(410) for the Appellant(s) No. 1
for the Respondent(s) No. 1,2,3,4,5
==========================================================

 CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM
        NATH
        and
        HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                            Date : 03/02/2021

                          COMMON ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)

We have heard Mr. D.P.Kinariwala, learned counsel for the appellant.

Admit. Issue notice.

Mr. Kinariwala, learned counsel for the appellant, submitted that in the impugned order reliance was placed upon an order dated 06.11.2020 rendered in Special Civil Application No.11319 of 2020 in the case of Zalak Parthbhai Khambholja v. Dilip Raval, Competent Authority. It is further submitted that the aforesaid judgment and order dated 06.11.1010 had since been

C/LPA/151/2021 ORDER

suspended by the learned Single Judge himself and further Division Bench while reserving orders in the Letters Patent Appeal filed against the said judgment dated 06.11.2020 has continued the stay order till delivery of the judgment. As such the learned Single Judge ought not to have relied upon the same. He, however, submits that this fact apparently was not pointed out by the learned counsel for the writ petitioners before the learned Single Judge.

Till further orders of this Court, the effect and operation of the impugned order dated 11.01.2021 passed in Special Civil application No.14750 of 2020 shall remain stayed.

(VIKRAM NATH, CJ)

(ASHUTOSH J. SHASTRI, J) P. SUBRAHMANYAM