Surat Municipal Corporation vs Hitendrabhai Manekchand Shah
2022 Latest Caselaw 1131 Guj

     C/LPA/155/2022                           ORDER DATED: 02/02/2022




    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/LETTERS PATENT APPEAL NO.155 of 2022
                             In
       R/SPECIAL CIVIL APPLICATION NO.9464 of 2014
                           With
   CIVIL APPLICATION (FOR INTERIM RELIEF) NO.1 of 2021
                             In
          R/LETTERS PATENT APPEAL NO.155 of 2022
                           With
          R/LETTERS PATENT APPEAL NO.156 of 2022
                              In
         SPECIAL CIVIL APPLICATION NO.9463 of 2014
                           With
   CIVIL APPLICATION (FOR INTERIM RELIEF) NO.1 of 2021
                             In
          R/LETTERS PATENT APPEAL NO.156 of 2022
                           With
          R/LETTERS PATENT APPEAL NO.157 of 2022
                              In
         SPECIAL CIVIL APPLICATION NO.9465 of 2014
                           With
   CIVIL APPLICATION (FOR INTERIM RELIEF) NO.1 of 2021
                             In
          R/LETTERS PATENT APPEAL NO.157 of 2022

=========================================
                       SURAT MUNICIPAL CORPORATION
                                  Versus
                      HITENDRABHAI MANEKCHAND SHAH
=========================================
Appearance :
MR KAUSHAL D PANDYA for the Appellants.
MR VIRAL K SALOT for the Respondent.
=========================================

 CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
       and
       HONOURABLE MR. JUSTICE ANIRUDDHA P.
       MAYEE

                     Date : 02/02/2022
                   COMMON ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A. J. DESAI)

By way of the present appeals under Clause 15 of the Letters Patent, the appellant - Surat Municipal Corporation has

C/LPA/155/2022 ORDER DATED: 02/02/2022

challenged oral judgment dated 3.7.2019 passed by learned Single Judge in Special Civil Application No.9464 of 2014 and allied matters.

After arguing the matter for sometime, Mr. Kaushal D. Pandya, learned advocate appearing for the appellant - Corporation requested this Court to clarify certain aspect of the matter with regard to powers of the Corporation to initiate proceedings against the original petitioner.

We are of the opinion that it would be desirous for the Corporation itself that the Corporation may seek clarification / modification with regard to the above by filing an appropriate application before learned Single Judge and seek appropriate relief. The appellant is, therefore, permitted to file appropriate application before learned Single Judge for clarification / modification.

With the above observation, present appeals stand disposed of.

In view of disposal of appeals, connected civil applications also stand disposed of.

(A. J. DESAI, J)

(ANIRUDDHA P. MAYEE, J.)

SAVARIYA