LAWS(GJH)-2017-3-456

LIMBDI VIKAS TRUST Vs. UNION OF INDIA

Decided On March 08, 2017
Limbdi Vikas Trust Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) By way of this appeal which is filed under Clause 15 of the Letters Patent, the appellant - original petitioner has challenged the order dated 14.12.2016 passed by the learned Single Judge, whereby the learned Single Judge has admitted the petition but refused to grant the interim relief. Thus, the present appeal is filed against the interim order passed by the learned Single Judge.

(2.) Learned counsel appearing for the parties jointly requested this Court that the appeal may be disposed of along with Special Civil Application No.19913 of 2016, as the arguments of both the matters are same. Accordingly, we passed an order on 21.02.2017 and directed the Registry to list the appeal along with Special Civil Application No.19913 of 2016. Learned counsel appearing for the parties have addressed on the issue involved in the petition and learned Senior Counsel Mr. Dave appearing for the appellant submitted that the issue involved in the present appeal and the petition is squarely covered by the judgment dated 03.02.2017 delivered by this Court in Letters Patent Appeal No.1475 of 2016 and allied matters and therefore the present appeal be allowed.

(3.) The facts in nutshell for deciding the present appeal are as under: