Varis Gulam Mahida vs State Of Gujarat
2021 Latest Caselaw 7328 Guj

       C/LPA/495/2021                                   ORDER DATED: 30/06/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/LETTERS PATENT APPEAL NO. 495 of 2021
              In R/SPECIAL CIVIL APPLICATION NO. 5865 of 2021
                                    With
                 CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                In R/LETTERS PATENT APPEAL NO. 495 of 2021
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                                VARIS GULAM MAHIDA
                                       Versus
                                 STATE OF GUJARAT
==========================================================
Appearance:
MS TRUSHA PATEL FOR MR TATVDEEP J JANI(7227) for the Appellant(s) No. 1
for the Respondent(s) No. 10,11,12,13,14,2,3,4,5,6,7,8,9
MS NISHA THAKORE, ASST.GOVERNMENT PLEADER for Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM
           NATH
           and
           HONOURABLE MR. JUSTICE BIREN VAISHNAV

                            Date : 30/06/2021
                         COMMON ORAL ORDER

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

1. We have heard Ms. Trusha Patel, Advocate

appearing for Shri Tatvdeep Jani, learned counsel for the

appellant and Ms.Nisha Thakore, learned Assistant

Government Pleader for the State on advance copy.

2. Having perused the judgment of the learned Single

Judge we do not find any infirmity in the same warranting

interference in appeal inasmuch as the learned Single Judge

has specifically held that the petitioner had an alternative

remedy available against the order impugned in the petition.

C/LPA/495/2021 ORDER DATED: 30/06/2021

3. We may further record that the order impugned in

the petition was an order of remand and as such also the

petitioner's rights are still not adjudicated. It would be at the

discretion of the appellant whether to avail the alternative

remedy against the order of the Collector or to accept the

order of the Collector and go back to the lower authority for a

fresh adjudication.

4. In either case, we are not inclined to entertain this

appeal. It is accordingly dismissed. Consequently, the

connected Civil Application stands disposed of.

(VIKRAM NATH, CJ)

(BIREN VAISHNAV, J) GAURAV J THAKER