RAJENDRA RAMNOKAR PANDEY Vs. JAWAHAR KANTILAL VAKHARIA

JUDGEMENT

(1.) WE have heard Mr. Manan A. Shah learned advocate for the applicant, Mr. Amit Thakkar learned advocate for respondent no. 2 and Mr. R.S. Sanjanwala learned Senior Counsel with Mr. Dilip Kanojiya learned advocate for respondents no. 4 and 5. Mr. Dhirendra Mehta learned advocate for respondent no. 2 has filed sick -note.

(2.) THERE is delay of 543 days in filing the above LPA. The main LPA has been filed challenging the judgment and order dated 27.7.2010 passed in Special Civil application No. 5129/2010, by which, the learned Single Judge has dismissed the writ petition, wherein, the order of Gujarat Revenue Tribunal was challenged. The Gujarat Revenue Tribunal was not made a party to the writ petition. The Gujarat Revenue Tribunal has rejected the Revision Application of the applicant and confirmed the order dated 27.4.2006 passed by the Deputy Collector, Choryasi Prant, Surat.

(3.) IN view of the aforesaid Full Bench decision, when the Letters Patent Appeal itself is not maintainable, as the learned Single Judge has exercised jurisdiction under Article 227 of the Constitution of India, no useful purpose will be served by entertaining this Civil Application for condonation of delay. Therefore, we dismiss Civil Application for condonation of delay as well as LPA on the ground that LPA itself is not maintainable, and therefore, there is no question of condoning the delay in filing the LPA which is not maintainable. We, however, make it clear that we have otherwise, not gone into the merit and the dismissal of this appeal will not stand in the way of the appellant in seeking appropriate remedy before the appropriate forum in accordance with law.