Dr Kamleshbhai Daljibhai ... vs The State Of Gujarat
2023 Latest Caselaw 3887 Guj

     C/LPA/769/2020                             ORDER DATED: 03/05/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/LETTERS PATENT APPEAL NO. 769 of 2020

          In R/SPECIAL CIVIL APPLICATION NO. 10918 of 2020

                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
              In R/LETTERS PATENT APPEAL NO. 769 of 2020
==========================================================
                 DR KAMLESHBHAI DALJIBHAI CHAUDHARY
                               Versus
                        THE STATE OF GUJARAT
==========================================================
Appearance:
MR BM MANGUKIYA(437) for the Appellant(s) No. 1
MS BELA A PRAJAPATI(1946) for the Appellant(s) No. 1
for the Respondent(s) No. 2
MR. SANJAY UDHWANI, AGP for respondent - State
MR HS MUNSHAW(495) for the Respondent(s) No. 3,4
==========================================================

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

                           Date : 03/05/2023

                        ORAL ORDER

(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE A.J.DESAI)

1. By way of present appeal filed under Clause 15 of the

Letters Patent, the original petitioner has challenged the CAV

judgment dated 08.10.2020 passed by the learned Single Judge

in the captioned writ petition.

2. After some arguments on both the sides, learned advocate

C/LPA/769/2020 ORDER DATED: 03/05/2023

Mr. H.S. Munshaw appearing for respondent Nos. 3 and 4,

under instructions, states that a notice shall be issued under

section 105 of the Gujarat Panchayats Act, 1993 to the present

appellant within a period of one week from today,

2.1 Learned advocate Mr. B.M. Mangukiya appearing for

appellant states that he shall file his reply to the aforesaid

notice within a period of two weeks from the date of receipt of

the notice.

3. Considering the above submissions made by learned

advocates appearing for the respective parties, without entering

into merits and de-merits of the case on hand, we dispose of this

Appeal with following directions : -

(i) The respondent Nos. 2 and 3 shall issue a notice to

the appellant under section 105 of the Gujarat Panchayats

Act, 1993 within a period of one week ;

(ii) The present appellant shall file his reply to the said

notice within a period of two weeks from the date of receipt

of notice;

(iii) The respondent Nos. 3 and 4 shall decide the issue

C/LPA/769/2020 ORDER DATED: 03/05/2023

involved in the matter in accordance with law and after

giving opportunity of hearing to the present appellant and

shall decide the case without being influenced by the

observations made by the learned Single Judge in the

impugned order.

(iv) Appellant shall cooperate with the proceedings.

4. It would be open for the respondent Nos. 3 and 4 to decide

the case having found that the present appellant has without

any genuine reason has not cooperated in deciding the issue.

5. It is made clear that we have not examined the case on

merits.

6. In view of the order passed in the main appeal, the Civil

Application (for stay) does not survive and accordingly same

stands disposed of.

(A.J.DESAI, ACJ)

(BIREN VAISHNAV, J) AMAR SINGH