Gujarat High Court
Prakashkumar Raymalbhai Desai vs The Director General Of Police on 4 April, 2025
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/MCA/723/2025 ORDER DATED: 04/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RECALL) NO. 723 of 2025
In R/LETTERS PATENT APPEAL NO. 714 of 2021
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PRAKASHKUMAR RAYMALBHAI DESAI
Versus
THE DIRECTOR GENERAL OF POLICE & ANR.
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Appearance:
MR VAIBHAV A VYAS(2896) for the Applicant(s) No. 1
MS SHRUTI DHRUVE AGP for the Opponent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 04/04/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE)
1. The present Misc. Civil Application is filed praying for recall
of the order dated 22.12.2021 and further to decide the Letters
Patent Appeal on merits.
2. The learned advocate for the petitioner submits that the
petitioner had preferred a writ petition seeking appointment to
the post of Armed Lok Rakshak with consequential benefits. The
writ petition came to be dismissed by the learned Single Judge
by judgment and order dated 04.08.2020 on the ground of delay
of 7 years in filing the writ petition. He submits that the
petitioner thereafter preferred Letters Patent Appeal against the
said order, which came to be withdrawn upon instructions. He
submits that in a similar case where the writ petition of similarly
situated petitioner was dismissed on the ground of delay of 8
years vide order dated 03.09.2021 by the learned Single Judge
NEUTRAL CITATION
C/MCA/723/2025 ORDER DATED: 04/04/2025
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and confirmed by the order dated 21.06.2022 by the Division
Bench, the candidate had approached the Hon'ble Supreme
Court and vide order dated 22.10.2024, the Apex Court has
granted appointment to the petitioner therein quashing and
setting aside the orders of the learned Single Judge and the
Division Bench. He, therefore, submits that the present Misc.
Civil Application may be allowed.
3. Heard learned advocate for the applicant-writ petitioner.
4. The Letters Patent Appeal No.714 of 2021 was filed by a
different advocate on record. The order dated 22.12.2021 records
that the Letters Patent Appeal has been withdrawn
unconditionally. The present Misc. Civil Application for recall is
filed by another advocate, who had not filed and appeared in the
said Letters Patent Appeal on behalf of the writ petitioner.
Further, it is not in dispute that the learned advocate appearing
in the Letters Patent Appeal had withdrawn the Letters Patent
Appeal upon instructions of the writ petitioner.
5. In view thereof, the present Misc. Civil Application for recall
of the order dated 22.12.2021 is not maintainable and the same
is accordingly dismissed. No order as to costs.
(A. S. SUPEHIA, J)
(ANIRUDDHA P. MAYEE, J.)
KAUSHIK D. CHAUHAN
