State Of Gujarat vs The Jodiya Kheralu Dudh Utpadak ...
2022 Latest Caselaw 1216 Guj

     C/LPA/472/2021                             ORDER DATED: 03/02/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/LETTERS PATENT APPEAL NO. 472 of 2021
           In R/SPECIAL CIVIL APPLICATION NO. 16464 of 2020
                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
              In R/LETTERS PATENT APPEAL NO. 472 of 2021
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                    STATE OF GUJARAT
                          Versus
 THE JODIYA KHERALU DUDH UTPADAK SAHAKARI MANDLI LIMITED
==========================================================
Appearance:
MS MANISHA LAVKUMAR SHAH, GOVERNMENT PLEADER                                 with
MS. SHRUTI PATHAK, AGP for the Appellant(s) No. 1,2,3,4,5
MR DIPEN DESAI(2481) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
       and
       HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                           Date : 03/02/2022
                            ORAL ORDER

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

1. By way of present appeal under clause 15 of the Letters Patent, the appellant - State of Gujarat as well as other appellants - original respondents have challenged oral judgment dated 13.12.2020 passed by learned Single Judge in the captioned writ petition by which the learned Single Judge, after hearing the parties at length, issued Rule and the matter was fixed for further hearing. However, during the pendency of the writ petition, interim relief in favour of the original petitioner in terms of paragraph 6(C) of the petition was granted.

2. The present appeal is pending for hearing since January 2021.

3. Learned advocate Mr. Dipen Desai for the respondent states that since the interim relief was granted in favour of the

C/LPA/472/2021 ORDER DATED: 03/02/2022

petitioner, the delegate of the present respondent - original petitioner contested the election which was held on 05.01.2021. He further states that in the said election, the delegate of the respondent has lost the election and therefore, the present appeal would not survive.

4. On the other hand, learned Government Pleader Ms. Manisha Lavkumar Shah appearing with learned Assistant Government Pleader Ms. Shruti Pathak for the appellants states that the observations made in the impugned order may come in the way at the time of final hearing of the petition and therefore, the Letters Patent Appeal may be disposed of by making observation in this regard.

5. Considering the fact that during the pendency of the appeal, the respondent has participated in the election of Mehsana District Cooperative Milk Producers' Union Limited and has lost the election, the present Letters Patent Appeal would not survive. However, it is hereby made clear that this Bench has not examined the merits or demerits of the matter as well as the reasons assigned by the learned Single Judge in the impugned order. Therefore, it is hereby made clear that the observations made in the impugned order shall be treated as prima facie in nature. However, the parties are at liberty to raise all the contentions at the time of final hearing of the writ petition.

6. With the above observations, the Letters Patent Appeal is disposed of. Consequently, the Civil Application for stay does not survive and it also stands disposed of.

(A.J.DESAI, J)

(ANIRUDDHA P. MAYEE, J.) cmk