State Of Gujarat vs Heirs Of Decd. Jasabhai Nathabhai
2023 Latest Caselaw 3168 Guj

     C/LPA/842/2019                              ORDER DATED: 21/04/2023




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/LETTERS PATENT APPEAL NO.842 of 2019
     In R/SPECIAL CIVIL APPLICATION NO.5987 of 2017
                           With
        R/MISC. CIVIL APPLICATION NO.3015 of 2017
       In SPECIAL CIVIL APPLICATION NO.5987 of 2017
=========================================
                          STATE OF GUJARAT & 3 others
                                    Versus
                      HEIRS OF DECD. JASABHAI NATHABHAI
=========================================
Appearance :
MR UTKARSH SHARMA, AGP for the Appellants.
MR HN BRAHMBHATT for the Respondents.
=========================================

 CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR.
       JUSTICE A. J. DESAI
       and
       HONOURABLE MR. JUSTICE BIREN VAISHNAV

                     Date : 21/04/2023
                      ORAL ORDER

(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR.

JUSTICE A. J. DESAI)

1. By way of the present Letters Patent Appeal preferred under Clause 15 of the Letters Patent, the appellants have challenged judgment dated 23.3.2017 passed by learned Single Judge in the captioned Special Civil Application by which learned Single Judge has directed the appellants - State authorities to comply with the oral judgment dated 28.12.2011 passed by this Court in Special Civil Application No.5142 of 1998.

2. The appeal came to be admitted by the coordinate Bench of this Court on 29.7.2019.

3. We have heard Mr. Utkarsh Sharma, learned Assistant

C/LPA/842/2019 ORDER DATED: 21/04/2023

Government Pleader appearing for the appellants and Mr. H. N. Brahmbhatt, learned advocate appearing for the respondents.

4. When the appeal is taken up for hearing, learned Assistant Government Pleader has tried to argue the case on merits. However, it is an undisputed fact that the judgment dated 28.12.2011 passed by this Court in Special Civil Application No.5142 of 1998 has become final since no challenge against the said order was made by the appellants. In this fact situation, when learned Single Judge by the impugned order has only directed the State authorities to comply with the directions issued in the judgment dated 28.12.2011 passed by this Court in Special Civil Application No.5142 of 1998 which has become final, we do not find any substance in the present appeal. Hence, the present appeal stands dismissed.

However, at the request of learned Assistant Government Pleader, time to comply with the directions issued in the judgment dated 28.12.2011 passed by this Court in Special Civil Application No.5142 of 1998 is extended for a period of 8 weeks from the date of receipt of writ and/or certified copy of this order, whichever is earlier.

In view of dismissal of appeal, Misc. Civil Application also stands disposed of.

(A. J. DESAI, ACJ)

(BIREN VAISHNAV, J) SAVARIYA