Siddikbhai Jamalbhai Moria (Decd) vs State Of Gujarat
2025 Latest Caselaw 1476 Guj

Gujarat High Court

Siddikbhai Jamalbhai Moria (Decd) vs State Of Gujarat on 29 July, 2025

Author: A.S. Supehia

Bench: A.S. Supehia

                                                                                                               NEUTRAL CITATION




                             C/LPA/931/2025                                    ORDER DATED: 29/07/2025

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                               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                 R/LETTERS PATENT APPEAL NO. 931 of 2025
                             In R/SPECIAL CIVIL APPLICATION NO. 16541 of 2005
                      =============================================
                                     SIDDIKBHAI JAMALBHAI MORIA (DECD) & ORS.
                                                      Versus
                                             STATE OF GUJARAT & ORS.
                      =============================================
                      Appearance:
                      MR S.P. HASURKAR, ADVOCATE for
                      MR MM TIRMIZI(1117) for the Appellant(s) No. 1,1.1,1.2,1.3,1.4,1.5
                      MR AAKASH GUPTA, AGP for the Respondent(s) No. 1,2,3
                      =============================================
                        CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
                              and
                              HONOURABLE MR.JUSTICE R. T. VACHHANI

                                         Date : 29/07/2025
                                           ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. At the outset, learned advocate Mr.Hasurkar, appearing for the appellants, has submitted that the learned Single Judge has not considered the judgments cited by him relating to the legal proposition that the advice of the GPSC was not supplied to the delinquent i.e. the deceased petitioner, by the Disciplinary Authority before passing the order. He has further submitted that the representation against the Inquiry Officer's Report was also not considered. It is submitted that these contentions were raised before the learned Single Judge, however, the learned Single Judge has failed to consider the same.

2. We do not find from the order that such contentions were raised before the learned Single Judge. Hence, we are not inclined to entertain the present Letters Patent Appeal, as it does not appear that the learned advocate appearing for the

NEUTRAL CITATION

C/LPA/931/2025 ORDER DATED: 29/07/2025

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appellant had made any attempt to raise such contentions during the hearing before the learned Single Judge. Accordingly, the present appeal deserves to be rejected.

3. However, at this stage, learned advocate Mr.Hasurkar seeks permission to withdraw the present appeal, with a view to file appropriate review application before the learned Single Judge.

4. Permission, as prayed for, is granted. The present appeal stands disposed of as withdrawn reserving liberty to file an application for review.

Sd/-

(A. S. SUPEHIA, J)

Sd/-

(R. T. VACHHANI, J) MAHESH/18