Dabhi Sardaben Lalsinh vs State Of Gujarat
2022 Latest Caselaw 7880 Guj

       C/LPA/135/2021                            ORDER DATED: 13/09/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/LETTERS PATENT APPEAL NO. 135 of 2021
                                    In
              R/SPECIAL CIVIL APPLICATION NO. 15212 of 2020

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                         DABHI SARDABEN LALSINH
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR RAJESHKUMAR M VAGHELA(10099) for the Appellant(s) No. 1,2,3
SUDHANSHU A JHA(8345) for the Appellant(s) No. 1,2,3
MR TIRTHRAJ PANDYA ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1
MR MANISH J PATEL(2131) for the Respondent(s) No. 2,3
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     CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
           and
           HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                             Date : 13/09/2022

                              ORAL ORDER

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

1. Admit. Mr.Tirthraj Pandya, learned Assistant Government Pleader waives service of admission on behalf of respondent- State and Mr. Manish Patel, learned advocate waives service of admission on behalf of respondent Nos. 2 and 3.

2. With the consent of the parties, the appeal is taken up for final hearing.

3. By way of present appeal, the appellants have challenged the judgment dated 16.12.2020, by which the learned Single

C/LPA/135/2021 ORDER DATED: 13/09/2022

Judge has dismissed the petition on the ground of non- maintainability of writ petition and particularly, the writ sought by present appellants-original petitioners that is issuance of mandamus and quashing and setting aside the order passed by respondent Nos. 2 and 3.

4. Having heard learned advocates for the parties and considering the facts that the present appellants were initially appointed as Anganwadi Worker with respondent authority and their services were terminated without giving an opportunity of hearing and the petition was dismissed ex-parte without having facts on record. We are of the opinion that appeal is required to be entertained and hence the same is allowed. The order dated 16.12.2020 is hereby quashed and set aside. The Special Civil Application is restored to its original file. Respondents shall file affidavit-in-reply within a period of four weeks hereinafter.

5. Learned Single Judge is requested to deal with the case in accordance with law without being influenced by the present order well as the order passed in writ petition.

6. Accordingly, the appeal is disposed of.

(A.J.DESAI, J)

(MAUNA M. BHATT,J) NAIR SMITA V.