STATE OF GUJARAT Vs. MANHARBHAI SHAMBHUBHAI HARIJAN

JUDGEMENT

(1.) We have heard Mr.N.J.Shah, learned AGP appearing for the appellant -State of Gujarat and Mr.Nikhil Joshi, learned advocate appearing for respondent No.1.

(2.) BY way of the present Letters Patent Appeal, the appellant -original petitioner has challenged the order dated 18.10.2013 passed by the learned Single Judge in Special Civil Application No.11605 of 2013, whereby the learned Single Judge was pleased to dismiss the writ petition.

(3.) IN our opinion, the learned Single Judge while dismissing the writ petition has not issued a writ of certiorari and therefore, this Letters Patent Appeal is not maintainable in view of the Five Judges' Full Bench of this Court in the case of Gujarat State Road Transport Corporation v. Firoze M. Mogal and another, 2014 GLH 1, which is held as under: