Snehaben Bharatbhai Patel vs State Of Gujarat
2022 Latest Caselaw 5941 Guj

     C/SCA/2139/2019                              JUDGMENT DATED: 05/07/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 2139 of 2019


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE BIREN VAISHNAV

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1     Whether Reporters of Local Papers may be allowed
      to see the judgment ?

2     To be referred to the Reporter or not ?

3     Whether their Lordships wish to see the fair copy
      of the judgment ?

4     Whether this case involves a substantial question
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

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                   SNEHABEN BHARATBHAI PATEL & 1 other(s)
                                 Versus
                       STATE OF GUJARAT & 5 other(s)
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Appearance:
VYOM H SHAH(9387) for the Petitioner(s) No. 1,2
MR HS MUNSHAW(495) for the Respondent(s) No. 2
MR UTKARSH SHARMA, AGP for the Respondent(s) No. 1
NOTICE UNSERVED for the Respondent(s) No. 3,4,5,6
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    CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                              Date : 05/07/2022

                              ORAL JUDGMENT

[1] Rule returnable forthwith. Mr. Sharma, learned AGP

waives service of notice of Rule for the respondent - State

while Mr. Munshaw, learned counsel waives service of notice

C/SCA/2139/2019 JUDGMENT DATED: 05/07/2022

of Rule for the respondent No.2 - Panchayat.

[2] Heard Mr. Vyom H. Shah, learned advocate for the

petitioners. He would fairly submit that the issue was decided

by this Court vide order dated 4.7.2022 passed in SCA No.666

of 2019. The order reads as under:

"1. Though there is a sick note of Ms. Bhavika Kotecha learned counsel for the petitioner, looking to the prayer made in the petition i.e. for implementation of the Government Resolution dated 01.08.2018, the petition is taken up for final hearing.

2. RULE returnable forthwith. Mr.Kurven Desai learned AGP waives service of notice of Rule on behalf of the respondent State, Mr.Shivang Shukla learned advocate waives service of rule on behalf of respondent no.2 and Ms.Shikha Panchal learned advocate waives service of rule on behalf of respondent no.3.

3. With the consent of learned advocates for the respective parties, the petition is taken up for final hearing.

4. Having heard Mr.Kurven Desai for the State, Mr.Shivang Shukla for respondent no.2 and Mr.Shalin Mehta learned Senior Advocate with Mr.Shikha Panchal learned advocate appearing for respondent no.3, the prayer for implementing the resolution dated 01.08.2018 cannot be granted in view of the decision of the Division Bench in case of Tammanaben Ashokbhai Desai v. Shital Amrutlal Nishar

C/SCA/2139/2019 JUDGMENT DATED: 05/07/2022

dated 05.08.2020 rendered in Letters Patent Appeal No.1910 of 2019 and allied matters and the same has been subsequently confirmed by the Supreme Court in case of Saurav Yadav v. State of U.P. reported in (2021) 9 SCC

5. In view of the above, the petition is dismissed. Rule is discharged."

[3] In view of above, this petition stands dismissed. No

order as to costs. Rule is discharged.

(BIREN VAISHNAV, J) VATSAL S. KOTECHA