LAWS(GJH)-2023-6-1152

BHAGAVANJI JAGURAM Vs. STATE OF GUJARAT

Decided On June 21, 2023
Bhagavanji Jaguram Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) In view of the decision of the Hon'ble Apex Court in the case of Jogendrasinh Vijaysinh vs. State of Gujarat & Ors., reported in 2015 (9) SCC 1, as well as the decision dtd. 24/8/2022 delivered by a Co-ordinate Bench of this Court in Letters Patent Appeal No. 1680 of 2019, by which it has been held that the intra court appeal under Clause 15 of the Letters Patent would not be maintainable against the proceedings initiated under the provisions of The Public Premises (Eviction of Unauthorized Occupation) Act, 1971, and the fact that the decision dtd. 24/8/2022 of this Court has been upheld by the Hon'ble Apex Court in Special Leave to Appeal Nos. 21478 and 21479 of 2022 dtd. 13/2/2022, the present appeals are not entertained.

(2.) This Intra Court Appeals arising from the orders passed by the District Court under the provisions of the Public Premises (Eviction of Unauthorized Occupation) Act, 1971, are accordingly dismissed.

(3.) It is open for the petitioners to challenge the order passed by the learned Single Judge before appropriate forum.