JITENDRA KESHAVLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this Misc. Civil Application the applicant (original respondent No. 1) seeks to have review of the decision rendered by the Division Bench in Letters Patent Appeal No. 1460 of 1997 on 28.4.1998.

(2.) It so happened that the Kalol Municipality was superseded by the State Government by order dated 12.2.1997. The original petitioners, some of the Councillors of the Kalol Municipality, had an occasion to challenge the said order of supersession in S.C.A. No. 1565 of 1997. After hearing the parties to the said S.C.A. the learned single Judge by decision dated 25.7.1997 quashed and set aside the order of supersession of Kalol Municipality. The respondent No. 1 to the original petition, namely (he Government of Gujarat moved Letters Patent Appeal No. 1460 of 1997 against the decision of the learned single Judge quashing and setting aside the order of supersession. By order dated 2.12.1997 notice was issued and the Letters Patent Appeal was fixed for hearing alongwith other two special civil applications. Ultimately by order dated 15.12.1997 the appeal came to be admitted. Mr. A.J. Patel, learned Advocate who appeared on behalf of original petitioners waived service of notice and the Letters Patent Appeal was posted for final hearing on 22.12.1997. Ultimately the appeal was heard finally and by judgment and order dated 28.4.1998 (Coram: K. Shreedharan, the Hon'ble C.J. as he then was and A.R. Dave, J., one of us) allowed the appeal setting aside the decision of the learned single Judge in S.C.A. No. 1565 of 1997, maintaining the order of supersession of Kalol Municipality.

(3.) It appears that the matter was carried before the Hon'ble Supreme Court in Civil Appeal No. 4899 of 1998. On 18.9.1998 following order came to be passed by the Hon'ble Supreme Court: