VINUBHAI DAHYABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Letter Patent Appeal is directed against the judgment and order dated 8th March, 2000 passed by the learned Single Judge in Special Civil Application No.385 of 2000, whereby the Special Civil Application was rejected and the notice was discharged.

(2.) The appellant, herein Vinubhai Dahyabhai Patel filed Special Civil Application under Article 226 of the Constitution of India with the allegations as under :-

(3.) When this Special Civil Application came up for first time before the Court on 27th January, 2000, the Court issued notice returnable on 1st February, 2000. On 1st February, 2000 appearance was entered by the learned Assistant Government Pleader on behalf of the respondent Nos.1 and 6 and he sought time to file affidavit-in-reply and the matter was posted for 8th February, 2000 with the further order to issue fresh notice to respondent Nos.3 and 5, returnable on 8th February, 2000. Thereafter, the matter came up for hearing on 9th February, 2000. On this date i.e. 9.2.2000 the reply dated 4.2.2000 was filed on behalf of the respondent No.6, the respondent Nos.1, 2, 4 and 6 were reported to be served and the notice on rest of the respondents was not received back and the matter was adjourned to 14th February, 2000. Thereafter, the matter was made to stand over on several dates and on 23rd February, 2000,the affidavit-in-reply dated 23rd February, 2000 was filed. Thereafter, on 1st March, 2000, on the request of the learned Assistant Government Pleader, the matter was entrusted to the Senior Government Pleader. The matter was again adjourned to 6th March, 2000. On 6th March, 2000, a further affidavit-in-reply dated 4th March, 2000 was filed by respondent No.6. In the record of this matter we also find an affidavit dated 8.3.2000 filed by the petitioner. On the basis of these pleadings, the learned Single Judge, after hearing both the sides in para-(8), (9) and (10) of the judgment observed as under :-