Research › Search › Judgment

Gujarat High Court · body

2017 DIGILAW 1591 (GUJ)

Kamshibhai Raghabhai v. Chief Conservator of Forest

2017-09-04

B.N.KARIA, M.R.SHAH

body2017
ORDER : M.R. SHAH, J. 1. Rule. Shri Dhawan Jayswal, learned AGP appears and waives service of notice of rule on behalf of the respondent no. 1-State. In the facts and circumstances of the case, the present Application is taken up for final hearing today. 2. The present Misc. Civil Application has been preferred by the applicants herein-original petitioners requesting to review/recall the earlier Order dated 20th January 2014 passed by the Division Bench of this Court in Letters Patent Appeal No. 762 of 2011 by which Division Bench has dismissed the said Appeal as not maintainable, as the learned Tribunal was not joined as party respondent in the writ petition. 3. Considering the recent decision of the Hon'ble Supreme Court in the case of Jogendrasinghji Vijaysinghji vs. State of Gujarat, (2015) 9 SCC 1 by which decision of the larger Bench of this Court dated 26th December 2013 in Letters Patent Appeal No. 596 of 2008 taking the view that in absence of the Tribunal being joined as a party respondent in the petition, Letters Patent Appeals shall not be maintainable has been set-aside by the Hon'ble Supreme Court, the present Application is allowed. 4. Resultantly, the order dated 20th January 2014 passed by the Division Bench of this Court in Letters Patent Appeal No. 762 of 2012 is hereby ordered to be restored to file. 5. Registry to place the Appeal before the Bench taking up such matters. 6. Rule nisi made absolute to the aforestated extent. No costs.