STATE OF GUJARAT Vs. MRUGENDRASINH INDRASINH KUMPAVAT

JUDGEMENT

(1.) By way of the present appeal under Clause 15 of the Letters Patent, the State of Gujarat has challenged the judgment dtd. 18/1/2022 passed by the learned Single Judge in the captioned Special Civil Application 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 as well as decision rendered in Letters Patent Appeal No.761 of 2021, wherein the issue was undoubtedly similar to the issue involved in the present matter.

(2.) 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.) Mr. Jigar Gadhvi, learned advocate appearing for the respondent has placed on record a copy of order dtd. 4/7/2022 passed by this Court in Letters Patent Appeal No.157 of 2021 and would submit that this Court has dismissed the Letters Patent Appeal preferred at the instance of State involving similar issue, by making appropriate observations. He has taken us through the said order and would submit that the present appeal be dismissed by making appropriate observations.