LAWS(GJH)-2023-7-1363

ADMINISTRATIVE OFFICER Vs. JAMNABEN SHANKARBHAI MAKWANA

Decided On July 20, 2023
ADMINISTRATIVE OFFICER Appellant
V/S
Jamnaben Shankarbhai Makwana Respondents

JUDGEMENT

(1.) This intra Court appeal under clause 15 of the Letters Patent challenges the judgment and order dtd. 10/10/2022 passed in Special Civil Application No.6887 of 2018. In this judgment, learned Single Judge held that the issue raised by the original petitioner is covered by CAV judgment dtd. 23/9/2022 passed in Special Civil Application No.6243 of 2008 and allied matter and therefore, directed that case of the petitioner would be considered independently in terms of the judgment.

(2.) Respondent No.2- Bhavnagar Municipal Corporation has challenged the very impugned order dtd. 10/10/2022 passed in Special Civil Application No.6887 of 2018 by preferring Letters Patent Appeal No.831 of 2023. This Court vide order dtd. 7/7/2023 dismissed said Letters Patent Appeal. Relevant paragraph No. 8 to 11 of the said order dtd. 7/7/2023 reads as under :-

(3.) In view of above, the issue involved in the present Letters Patent Appeal is squarely covered issue and there is no reason to re-examine the said issue. Therefore, present Letters Patent Appeal is meritless and accordingly, it is dismissed. The Civil Application stands disposed of.