MUKUNDRAY NARDASHANKER PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 25th November, 1996 of the learned Single Judge dismissing the petition filed by the appellant. The appellant had filed the Special Civil Application challenging the order of eviction from the Government quarters. The learned Single Judge dismissed the petition on the ground that the petitioner had no legal right to retain the possession of the Government quarters after he acquired his own premises in the city of Ahmedabad. While dismissing the petition, the learned Single Judge also directed the petitioner to vacate the quarters forthwith and also directed the petitioner to pay costs of Rs. 2,000/- to the State Government.

(2.) THIS Letters Patent Appeal came to be admitted on 14th February, 1997 when the appellant was represented by his learned advocate Mr. J. V. Desai. Unfortunately, upon the sad demise of Mr. J. V. Desai, the Registry sent a notice to the appellant on 04th August, 2008. As per the office endorsement, the notice could not be served as the appellant was not found (he has sold his house ). In view of this development, we would have ordinarily called upon the respondent authorities to find out the present address of the appellant. However, considering the fact that what is challenged in this appeal is the order of the learned Single Judge dismissing the petition and requiring the appellant - petitioner to vacate the Government quarters and the appellant has obviously already vacated the Government quarters, we do not think any useful purpose would be served by keeping this appeal pending. The appeal is accordingly dismissed as infructuous. Civil Application for stay is also dismissed.