EXECUTIVE ENGINEER Vs. PRAKASHBHAI SANABHAI BARIA

JUDGEMENT

(1.) WE have heard Mr. Nirzar S. Desai, learned advocate appearing for the appellants and Mr. Dipak R. Dave, learned advocate appearing for the respondent.

(2.) THIS Letters Patent Appeal has been filed by the appellants -original respondents challenging the judgment dated 11.10.2013 passed by the learned Single Judge in Special Civil Application No. 8818 of 2009, by which, the learned Single Judge has allowed the writ petition with the following directions as contained in paragraph -7 of the judgment which is extracted below:

(3.) THIS was not accepted by the Apex Court in the case of Bhartiya Seva Samaj Trust and another v. Yogeshbhai Ambalal Patel and another reported in : (2012) 9 SCC 310 and the same view has been taken by the learned Single Judge. We have also taken a similar view while deciding the Letters Patent Appeal No. 325 of 2013 to Letters Patent Appeal No. 330 of 2013 with Letters Patent Appeal No. 789 of 2013 by judgment dated 16.07.2014.