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2017 DIGILAW 1256 (GUJ)

State of Gujarat v. Balvantbhai M. Trivadi

2017-07-06

B.N.KARIA, M.R.SHAH

body2017
ORDER : M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 14th December 2015 passed in Special Civil Application No. 1270 of 2013 and allied writ petitions, the appellants-original respondents have preferred respective Letters Patent Appeals with Civil Applications for stay of the impugned common judgment and order passed by the learned Single Judge. 2. After these Appeals were argued at length by learned advocates appearing on behalf of the respective appellants, there is a consensus between the learned advocates appearing on behalf of the respective parties to quash and set aside the impugned judgment and order passed by the learned Single Judge and to remand the matters back to the learned Single Judge to decide the aforesaid Special Civil Applications afresh in accordance with law and on merits. 3. Ms. Tejal Shah, learned advocate appearing on behalf the original petitioners has stated at the bar that she has got instructions from her respective clients to the aforestated aspect. Learned advocates appearing on behalf of the respective parties do not invite any further reasoned order, while quashing and setting aside the impugned common judgment and order and while remanding the matters to the learned Single Judge, as any observation by this Court may affect the case of either parties before the learned Single Judge. 4. Under the circumstances, we are not assigning any further reason, while quashing and setting aside the impugned common judgment and order dated 14th December 2015 passed by the learned Single Judge, while remanding the matters to the learned Single Judge. 5. At this stage, Shri Shalin Mehta, learned Senior Advocate appearing with Ms. Tejal Shah, learned advocate for the original petitioners has requested to make suitable observations as to whatever the observations with respect to ad interim relief prevailing during pendency and final hearing of the main Special Civil Applications may be directed to be continued, as now the main Special Civil Applications will be restored to the files of the learned Single Judge. She has also requested to make suitable observations that the learned Single Judge on remand may finally decide and dispose of the main Special Civil Applications at the earliest, as the original petitioners are the retired employees, who have retired long back. 6. In view of the above, all these Appeals are allowed. She has also requested to make suitable observations that the learned Single Judge on remand may finally decide and dispose of the main Special Civil Applications at the earliest, as the original petitioners are the retired employees, who have retired long back. 6. In view of the above, all these Appeals are allowed. Impugned common judgment and order dated 14th December 2015 is hereby quashed. All the captioned writ petitions are remanded to the learned Single Judge to consider, decide and dispose of the main Special Civil Applications afresh in accordance with law and on merits. It is made clear that we have not expressed anything on merits in favour of either parties and the learned Single Judge to finally decide and dispose of the main Special Civil Applications afresh in accordance with law and on merits, without in any way being influenced by the present order of quashing and setting aside the impugned common judgment and order passed by the learned Single Judge. The respective Special Civil Applications are ordered to be restored to the file of the learned Single Judge. 7. Now, the main Special Civil Applications be restored to the file of learned Single Judge taking up such matters, at the first instance on 27th July 2017. 8. As the main Special Civil Applications are ordered to be restored to the file of the learned Single Judge, it goes without saying that whatever be ad interim/interim relief; if any, operating during pendency of the main writ petitions, shall be restored and the same shall be continued during pendency and final disposal of the main Special Civil Applications. 9. All these LPAs are allowed to the aforestated extent with no order as to costs. 10. In view of disposal of LPAs, respective Civil Applications shall stand disposed of accordingly.