LAWS(GJH)-2014-9-1

AMICHAND HIRABHAI PATEL Vs. PRESIDENT HIMMATNAGAR MUNICIPALITY

Decided On September 01, 2014
Amichand Hirabhai Patel Appellant
V/S
President Himmatnagar Municipality Respondents

JUDGEMENT

(1.) WE have heard Mr. K.M. Patel, learned Senior Counsel assisted by Mr. Ashish H. Shah appearing for the appellant and Mr. Prashant G. Desai, learned Senior Counsel assisted by Mr. Dipak Sanchela for the respondent No. 1 and Mr. Kashyap Pujara, learned Assistant Government Pleader appearing for respondent Nos. 2 & 3.

(2.) THIS Letters Patent Appeal has been filed challenging the interim order dated 11.9.2013 passed by the learned Single Judge in Special Civil Application No. 14130 of 2013 whereby the learned Single Judge while issuing notice, stayed the order under challenge in the writ petition.

(3.) IT is well settled that while granting interim order, the Court has to assign briefly some reason as to why the interim order has been granted. Further, by way of interim relief, final relief cannot be granted. Since the impugned order does not assign any reason, therefore, it cannot be maintained.