ARUN BABULAL PARASHAR Vs. AHMEDABAD MUNICIPAL CORPORATION
EmailAppeal: CIVIL APPEAL NO. 7191-92 OF 2016
Petitioner: ARUN BABULAL PARASHAR
Respondent: AHMEDABAD MUNICIPAL CORPORATION
Judges: KURIAN JOSEPH , ROHINTON FALI NARIMAN
Date of Judgment: Aug 01, 2016
JUDGEMENT:
NON- CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7191-92 OF 2016 [@ SPECIAL LEAVE PETITION (C) NOs. 22285-22286 OF 2014]
ARUN BABULAL PARASHAR Appellant(s)
VERSUS
AHMEDABAD MUNICIPAL CORPORATION Respondent(s)
J U D G M E N T
KURIAN, J. 1. Leave granted.
2. The appellant is before this Court, aggrieved by the stand taken by the Division Bench of the High Court that an appeal against the Judgment of the learned Single Judge was not maintainable before the Division Bench.
3. That issue is no more Res Integra and is covered in favour of the appellant in "Jogendra Sinhji Vijay Singhji Vs. State of Gujarat & Ors." reported in (2015) 9 SCC 1.
4. Therefore, the impugned Judgment of the Division Bench in LPA No. 298 of 2014 is set aside. The matter is remitted to the Division Bench of the High Court. The appeal shall stand restored and the High Court is requested to dispose of the same expeditiously on merits.
5. In view of the above, these appeals are disposed of. No costs. …………………..J. [ KURIAN JOSEPH ]
…………………..J. [ ROHINTON FALI NARIMAN ]
New Delhi; August 01, 2016.
CIVIL APPEAL NO. 7191-92 OF 2016 [@ SPECIAL LEAVE PETITION (C) NOs. 22285-22286 OF 2014]
ARUN BABULAL PARASHAR Appellant(s)
VERSUS
AHMEDABAD MUNICIPAL CORPORATION Respondent(s)
J U D G M E N T
KURIAN, J. 1. Leave granted.
2. The appellant is before this Court, aggrieved by the stand taken by the Division Bench of the High Court that an appeal against the Judgment of the learned Single Judge was not maintainable before the Division Bench.
3. That issue is no more Res Integra and is covered in favour of the appellant in "Jogendra Sinhji Vijay Singhji Vs. State of Gujarat & Ors." reported in (2015) 9 SCC 1.
4. Therefore, the impugned Judgment of the Division Bench in LPA No. 298 of 2014 is set aside. The matter is remitted to the Division Bench of the High Court. The appeal shall stand restored and the High Court is requested to dispose of the same expeditiously on merits.
5. In view of the above, these appeals are disposed of. No costs. …………………..J. [ KURIAN JOSEPH ]
…………………..J. [ ROHINTON FALI NARIMAN ]
New Delhi; August 01, 2016.
