STATE OF GUJARAT Vs. HIMANSHU JAYANTIBHAI SOLANKI

JUDGEMENT

(1.) By way of the present appeal under Clause 15 of the Letters Patent, the State of Gujarat has challenged the judgment dtd. 24/9/2020 passed by the learned Single Judge in Special Civil Application No.10614 of 2020 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.

(2.) 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 present 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.

(3.) Learned Senior Advocate Mr. Shalin Mehta assisted by learned advocate Mr. Hemang Shah appearing for the respondent No.1 has placed on record several orders passed by different Benches and would submit that the coordinate Bench has dismissed the Letters Patent Appeal by making appropriate observations. He has particularly taken us through the oral order dtd. 17/2/2021 passed by the coordinate Bench in Letters Patent Appeal No.270 of 2021 and would submit that the present appeal be dismissed by making appropriate observations.