RAMESHBHAI RAVJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ADMIT . Learned AGP Ms.Jirga Jhaveri waives service of notice of admission on behalf of respondents No.1 to 3. Since the facts are not disputed, with the consent of learned advocates appearing for the parties, we have taken up this appeal for final disposal at the admission stage.

(2.) WE have heard learned advocate Mr.Nilesh Pandya for the appellants and learned AGP Ms.Jirga Jhaveri for the respondents No.1 to 3..

(3.) LEARNED counsel for the appellants has urged that he was praying time so that he may be able to file the judgment of LPA as well as the judgment of learned Single Judge passed in earlier proceedings. The learned Single Judge has dismissed the writ petition only on the ground that the petitioner was seeking adjournment and was not ready to proceed with the hearing of the matter on merits. Since the learned counsel for the appellants has urged that the aforesaid two judgments were relevant for deciding the controversy and, therefore, in our opinion, the learned Single Judge was not justified in refusing adjournment and therefore the appeal deserves to be allowed.