Gujarat High Court
Zarinaben Rasulbhai Dal vs State Of Gujarat on 7 July, 2023
Bench: J. C. Doshi
C/LPA/883/2020 ORDER DATED: 07/07/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 883 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 11414 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/LETTERS PATENT APPEAL NO. 883 of 2020
With
CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2022
In R/LETTERS PATENT APPEAL NO. 883 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2020
In R/LETTERS PATENT APPEAL NO. 883 of 2020
With
CIVIL APPLICATION (FOR DIRECTION) NO. 3 of 2020
In R/LETTERS PATENT APPEAL NO. 883 of 2020
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ZARINABEN RASULBHAI DAL
Versus
STATE OF GUJARAT
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Appearance:
MR CP CHAMPANERI(5920) for the Appellant(s) No.
1,10,11,12,13,2,3,4,5,6,7,8,9
DS AFF.NOT FILED (N) for the Respondent(s) No. 3,4,5,6
MR BM MANGUKIYA(437) for the Respondent(s) No. 2
MS BELA A PRAJAPATI(1946) for the Respondent(s) No. 2
RULE SERVED for the Respondent(s) No. 7,8
SHRUTI DHRUVE, AGPfor the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 07/07/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
Learned advocate Mr. C. P. Champaneri appears for the appellants,
whereas learned advocate Mr. B. M. Mangukiya is for the respondent
No.2.
2. The Letters Patent Appeal was filed by the appellants seeking to
challenge the judgment and order dated 17.7.2019 of learned single
C/LPA/883/2020 ORDER DATED: 07/07/2023
Judge, whereby learned single Judge allowed the petition in part. The
order impugned in the petition dated 31.5.2019 was quashed and set
aside, whereby the appellants were disqualified from the post of
Counselor of the Municipality.
3. The aggrieved petitioners, preferred Letters Patent Appeal which
was admitted on 26.3.2021.
3.1 The following interim order was passed by the court while
admitting the appeal,
"Till further orders of this Court, the effect and operation of the
impugned order of the learned single Judge dated 17.7.2019 as also the
order dated 31.5.2019 passed by the Designated Authority, respondent
No.1 in Dispute Application No.2 of 2018 shall remain stayed."
4. When the appeal came up for consideration today, learned avocate
for the appellants stated that term of the Municipality which was for five
years, has now been expired. In that view, he stated that the appeal stands
infructuous and the issue involved is survived for its academic value only.
5. It is trite that the court will not go into the academic question.
6. As per the statement of learned advocate for the appellants, the
appeal has become infructuous. The same is disposed of as having
become infructuous.
7. Pending Civil Applications in the appeal are also stand disposed of.
(N.V.ANJARIA, J)
(J. C. DOSHI,J)
C.M. JOSHI
