D. B. JETHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present appeal under Clause 15 of the Letters Patent, the appellant - original petitioner has challenged the impugned order dtd. 16/12/2021 passed by the learned Single Judge in Special Civil Application No.4472 of 2010, by which the learned Single Judge while accepting the petition on the ground that the orders passed by the authorities below are not reasoned orders and remanded the matter to the authorities below to decide the case afresh within a period of three months from the date of receipt of the impugned order.

(2.) Learned advocate Mr. Vaibhav Vyas appearing for the original petitioner would submit that the learned Single Judge has remanded the matter after a period of 10 years from the date of filing of the petition. He would submit that the appellant - original petitioner is aged about 74 years and it would be another round of litigation and therefore, the present appeal may be decided on merits. In support of his said submission, learned advocate Mr. Vyas has relied upon the decision of the Hon'ble Supreme Court in the case of Allahabad Bank and others v. Krishna Narayan Tewari reported in AIR 2017 SC 330.

(3.) We have heard learned advocates appearing for the respective parties at length. Perused the impugned order passed by the learned Single Judge.