The High Court dismissed a Letters Patent Appeal challenging an interim order recalling an earlier stay. The court held the appeal was not maintainable due to a pending Special Leave Petition in the Supreme Court regarding the underlying orders under the Mamlatdar Courts Act.
Letters Patent Appeal dismissed; Civil Application disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/LPA/797/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 797 of 2018
In SPECIAL CIVIL APPLICATION NO. 15918 of 2017 With
CIVIL APPLICATION NO. 1 of 2018
==========================================================
JAY ATUL SHAH
Versus ARVINDBHAI AMRUTBHAI PATEL
==========================================================
Appearance:
MR MAUNISH T PATHAK(5892) for the PETITIONER(s) No. 1,2,3 for the RESPONDENT(s) No. 1,10,2,3,4,5,6,7,8,9 ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the RESPONDENT(s) No. 11,12
==========================================================
CORAM: HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY and HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 10/07/2018
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY)
1.This Letters Patent Appeal is filed by the
original petitioners in Special Civil Application
No.15918 of 2017, aggrieved by the order dated
4.7.2018 passed by the learned Single Judge in
aforesaid Special Civil Application.
2.The matter arises under Mamlatdar Courts
Act. When Mamlatdar Court has passed order dated
29.4.2015, which was confirmed by the appellate
Page 1 of 4
C/LPA/797/2018 ORDER
authority i.e. Deputy Collector and Prant
Officer, Kheda by order dated 12.8.2015, the
appellants herein have questioned such orders by
way of Civil Revision Application No.386 of 2015.
The said Civil Revision Application was dismissed
as not maintainable. As against the same, Special
Leave Petition(Civil) No.023751/023752 of 2017
was filed by the appellants before the Hon'ble
Supreme Court and the same is pending.
3.When such Special Leave petition is
pending consideration before the Hon'ble Supreme
Court, the present petition is filed under
Articles 226 and 227 of the Constitution of
India, questioning the very same orders, which
were subject matter of challenge in earlier round
of litigation in Civil Revision application. In
the present Special Civil Application, earlier
interim order, which was passed by the learned
Single Judge, is recalled by impugned order. It
is contended by the learned counsel appearing for
the appellants that the issue, which is pending
Page 2 of 4
C/LPA/797/2018 ORDER
consideration before the Hon'ble Supreme Court,
is only with regard to maintainability of the
Civil Revision Application, as such, it is always
open to question the orders of the authorities
before this Court under Article 226 of the
Constitution of India.
4.In this case, it is to be noticed that
the very same orders were subject matter of
challenge in Civil Revision Application. When
such Civil Revision Application was dismissed by
this Court on the ground of maintainability, the
matter is carried to the Hon'ble Supreme Court
and Special Leave Petition is pending
consideration. When such Special Leave Petition
is pending, arising out of proceedings in Civil
Revision Application, wherein appellants have
questioned the order dated 29.4.2015 passed by
the Mamlatdar, Kheda and further order dated
12.8.2015 passed by the Deputy Collector and
Prant Officer, Kheda, we are of the view that,
this petition is not maintainable. In that view
Page 3 of 4
C/LPA/797/2018 ORDER
of the matter, we do not find any error in the
order passed by the learned Single Judge in
recalling the earlier interim order. Accordingly,
this Letters Patent Appeal is dismissed. No order
as to costs. Consequently, Civil Application also
stands disposed of.
(R.SUBHASH REDDY, CJ)
(VIPUL M. PANCHOLI, J)
RADHAKRISHNAN K.V.
Page 4 of 4
1 issue framed by the court
Whether a Letters Patent Appeal challenging orders of Mamlatdar Court is maintainable when a Special Leave Petition relating to the same orders is pending before the Supreme Court.
2 provisions across 2 enactments
Jay Atul Shah
Arvinbhai Amrutbhai Patel
R.S. Subhash Reddy
Vipul M. Pancholi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court