STATE OF GUJARAT Vs. MAHESHKUMAR NATHUBHAI CHAUDHARI

JUDGEMENT

(1.) By way of the present appeal under Clause 15 of the Letters Patent, the State of Gujarat has challenged the judgment dtd. 14/2/2022 passed by the learned Single Judge in Special Civil Application No.12451 of 2019 whereby the learned Single Judge has decided the said petition relying upon the decision dtd. 24/7/2020 rendered by the coordinate Bench of this Court in Letters Patent Appeal No.1596 of 2019, wherein the issue was undoubtedly similar to the issue involved in the present matter. The learned Single has relied upon the observations made by the Division Bench in paragraphs 8 and 9, which are reproduced hereinafter, of the judgment dtd. 24/7/2020 passed in Letters Patent Appeal No.1596 of 2019.

(2.) While disposing of the petition, the learned Single Judge has observed as follows in paragraph 9 and has permitted the State Authorities to take recourse to appropriate proceedings in accordance with law.

(3.) Today, when the matter is called out, learned AGP appearing on behalf of the appellants would submit that the judgment dtd. 24/7/2020 passed by the Division Bench in Letters Patent Appeal No.1596 of 2019 is challenged before the Hon'ble Supreme Court and the matter is pending for hearing. However, on query, he would submit that no stay has been granted by the Hon'ble Supreme Court against the implementation, execution and operation of the judgment dtd. 24/7/2020 passed in Letters Patent Appeal No.1596 of 2019. Learned AGP has therefore requested to admit the appeal and keep it pending till the Special Leave Petition preferred against the judgment dtd. 24/7/2020 in Letters Patent Appeal No.1596 of 2019 is decided by the Hon'ble Supreme Court.