Gujarat Pradesh Mahanagarpalika ... vs Surat Municipal Corporation
2023 Latest Caselaw 8744 Guj

Gujarat High Court

Gujarat Pradesh Mahanagarpalika ... vs Surat Municipal Corporation on 18 December, 2023

Author: Sunita Agarwal

Bench: Sunita Agarwal

                                                                                          NEUTRAL CITATION




       C/LPA/1278/2022                                     ORDER DATED: 18/12/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/LETTERS PATENT APPEAL NO. 1278 of 2022

             In R/SPECIAL CIVIL APPLICATION NO. 20253 of 2019

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 GUJARAT PRADESH MAHANAGARPALIKA KARMACHARI CONGRESS
                         Versus
              SURAT MUNICIPAL CORPORATION
==========================================================
Appearance:
MR NK MAJMUDAR(430) for the Appellant(s) No. 1,2
MR KAUSHAL D PANDYA(2905) for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
       SUNITA AGARWAL
       and
       HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                                   Date : 18/12/2023

                        ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. Having gone through prayer (B) in prayer clause 14 of the writ petition wherein decision - communication dated 08.03.2019 of the respondent No.2 rejecting the claim of the petitioner has been challenged being arbitrary and illegal, we are of the considered view that the writ petition out of which the instant appeal has arisen, filed by the petitioner cannot be termed as second writ petition for the mere fact that other prayers in the writ petition were same as were made in the previous round of the litigation.

2. We may note that the first writ petition filed by the

NEUTRAL CITATION

C/LPA/1278/2022 ORDER DATED: 18/12/2023

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petitioner namely Special Civil Application No.1222 of 2017, wherein prayers were made similar to those made in clauses C, D and E of the prayer clause 14 of the instant petition, was permitted to be withdrawn, at that stage by the learned Single Judge vide judgment and order dated 28.12.2018, noticing that the petitioner desired to make fresh representation to the respondent Corporation.

3. The order dated 08.03.2019 which was subject matter of the challenge in the instant writ petition came up after the withdrawal of the previous writ petition.

4. In this scenario, with due respect to the learned Single Judge, we are unable to convince ourselves with the opinion drawn by the learned Judge in the judgment and order dated 27.11.2019 in dismissing the writ petition being second writ petition and imposing cost of Rs.2,500/- holding that it was an abuse of process of law.

5. While setting aside the judgment and order dated 27.11.2019, the writ petition namely Special Civil Application No.20253 of 2019 is restored to its original number. It is further provided that on an application moved by the learned counsel for the petitioners before the concerned Secretary, Gujarat High Court Legal Aid Committee, the cost deposited by the petitioner to the tune of Rs.2,500/- shall be refunded, within a period of three weeks from moving of such application. The

NEUTRAL CITATION

C/LPA/1278/2022 ORDER DATED: 18/12/2023

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writ court would be required to decide the matter afresh independently on its own merits.

6. With the above observations and directions, the appeal stands allowed. Pending Civil Application(s), if any, shall also stands disposed of.

(SUNITA AGARWAL, CJ )

(ANIRUDDHA P. MAYEE, J.) AMAR SINGH