Gunvantbhai Hirabhai Miyatra vs State Of Gujarat
2021 Latest Caselaw 15026 Guj

      C/LPA/137/2020                              ORDER DATED: 24/09/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/LETTERS PATENT APPEAL NO. 137 of 2020

           In R/SPECIAL CIVIL APPLICATION NO. 22318 of 2019

                                With
        CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2019
             In R/LETTERS PATENT APPEAL NO. 137 of 2020
==========================================================
                       GUNVANTBHAI HIRABHAI MIYATRA
                                  Versus
                            STATE OF GUJARAT
==========================================================
Appearance:
MR. MAULIK SONI, ADVOCATE FOR MR NK MAJMUDAR(430) for the
Appellant(s) No. 1
MR. DHAWAN JAYSWAL, AGP, for the Respondent(s) No. 1,2,3,4
==========================================================

    CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR.
          JUSTICE R.M.CHHAYA
          and
          HONOURABLE MR. JUSTICE BIREN VAISHNAV

                              Date : 24/09/2021

                        ORAL ORDER

(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE R.M.CHHAYA)

1 Heard Mr.Maulik Soni, learned advocate for Mr.N.K.Majmudar,

learned advocate for the appellant and Mr.Dhawan Jayswal, learned

Assistant Government Pleader for the State Authorities on advance copy.

2 Feeling aggrieved and dissatisfied with the judgment and order

dated 17.12.2019 passed by the learned Single Judge (Coram: Hon'ble

Mr.Justice Vipul M Pancholi) in Special Civil Application No. 22318 of

2019, the original petitioner has preferred this appeal under Clause 15 of

C/LPA/137/2020 ORDER DATED: 24/09/2021

the Letters Patent.

3 At the outset, it deserves to be noted that by the present writ

petition under Article 226 of the Constitution of India, the appellant -

original petitioner had prayed for a writ of mandamus or any other

appropriate writ and direction directing the respondent No.1 to initiate an

inquiry against the concerned members of the Panchayat who had passed

Resolution No.5 dated 18.09.2015 under which the land situated at

village-Mitedi, Ta: Manavadar, District : Junagadh came to be given on

rent to one Ramjibhai Trikambhai Kordiya Patel, Mitdi and

Purushottamlal ji Gaushala Trust. Other anciliary prayers were also

prayed for in the writ petition. The learned Single Judge after considering

the submissions made, considered the fact that the Taluka Development

Officer has already informed the District Development Officer to initiate

proceedings and came to the conclusion that no direction is required to be

issued and dismissed the petition.

4 As on date, one more reason has occurred i.e. the term of the

panchayat has already been over, therefore, the issue involved in the writ

petition has become academic. Even otherwise on merits, we do not find

that any further directions can be given.

         C/LPA/137/2020                              ORDER DATED: 24/09/2021



5        Mr.Maulik Soni, learned advocate appearing for the appellant

could not make out any further case and has not raise any further

contentions or grounds before us. In light of the aforesaid, the appeal fails

and is hereby dismissed. There shall be no orders as to costs. As the

appeal is dismissed, the connected civil application also stands disposed

of.

(THE ACTING CHIEF JUSTICE R.M.CHHAYA, J)

(BIREN VAISHNAV, J) Bimal