Gujarat High Court
State Of Gujarat vs Galabhai Fatabhai Damor on 4 August, 2022
Bench: A.J.Desai
C/LPA/907/2021 ORDER DATED: 04/08/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 907 of 2021
In
R/SPECIAL CIVIL APPLICATION NO. 12171 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/LETTERS PATENT APPEAL NO. 907 of 2021
=============================================
STATE OF GUJARAT
Versus
GALABHAI FATABHAI DAMOR
=============================================
Appearance:
MR TIRTHRAJ PANDYA, AGP for the Appellant(s) No. 1
MR DIPAK R DAVE(1232) for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
=============================================
CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
and
HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 04/08/2022
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.J.DESAI)
1. By present appeal, the State of Gujarat has challenged
the common oral order dated 18.03.2021, by which the writ
petition filed by the State of Gujarat challenging the award of
Tribunal came to be dismissed. The Appeal came to be
admitted by Coordinate Bench vide oral order dated
27.04.2022. As far as the execution and implementation of the
order of learned Single Judge is concerned, an application for
stay of the same was preferred by State of Gujarat in which
following order was passed by Division Bench on 27.04.2022.
"ORDER IN LETTERS PATENT APPEAL
Admit.
C/LPA/907/2021 ORDER DATED: 04/08/2022
ORDER IN CIVIL APPLICATION
1. Rule returnable on 20.06.2022. Mr. Dipak Dave, learned
advocate waives service of notice of rule on behalf of
respondent No.1.
2. Considering the affidavit-in-reply filed by learned advocate for
respondent No.1 and even considering the reply filed by the
learned advocate for the applicant, by an ad-interim order, the
impugned judgment passed by the learned Single Judge is
stayed, qua all other consequential benefits except the
reinstatement. The reinstatement also shall be subject to further
order of this Court in this appeal."
2. Mr. Tirthraj Pandya, learned Asst. Government Pleader,
has taken us through the impugned order and would submit
that learned Single Judge has not dealt with the case on hand
in detail as relying upon decision of another matter, the
petition was dismissed. He, therefore, would submit that the
appeal be allowed and case be remanded to learned Single
Judge for fresh consideration. As far as interim relief granted in
Civil Application is concerned, he has placed a communication
dated 03.08.2022 issued by Appellant Officer, by which the
private respondent has been reinstated with regard to each of
the writ petitions and the same is taken on record.
3. In view of the above fact and having gone through the
order impugned, we are of the opinion that the order impugned
is required to be quashed and set aside, which is a non-
reasoned order. Accordingly, the Appeal is allowed.
4. Order passed by learned Single Judge in Special Civil
Application No.12171 of 2020 is quashed and set aside. Special
Civil Application No.12171 of 2020 is revived. The learned
Single Judge is requested to decide the case on merits without
being influenced by the earlier order passed by learned Single
C/LPA/907/2021 ORDER DATED: 04/08/2022
Judge or the present order.
5. It will be open for all the parties to raise all contentions
before the learned Single Judge.
Special Civil Application No.12171 of 2020 be listed for
hearing on 05.09.2022 before learned Single Judge as per
Roster.
(A.J.DESAI, J)
(MAUNA M. BHATT,J)
T. J. Bharwad
