ARVIND CHHOTALAL RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BEING aggrieved by the impugned order dated 28.9.2010 passed by the learned Single Judge in Special Civil Application No.10730 of 2010, the appellant, by way of this appeal, challenges the said order with a prayer to remand the matter to the learned Single Judge to decide it on merit.

(2.) WE have heard Mr H.S. Munshaw, learned Advocate for the appellant and Mr N.N. Pathak, learned Asstt.Government Pleader for the respondents.

(3.) LEARNED Advocate for the appellant has submitted that it was necessary for the learned Single Judge to consider that no period of limitation has been prescribed for a petition under Articles 226 and 227 of the Constitution of India. In support of his argument, the learned Advocate has placed reliance on a decision in the case of Lecturer's Forum v. State of Rajasthan and Ors.[1994) ILJ 974 Raj. 1993 (1) WLC 654 wherein in para 9 it is held as under: