AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
5 paragraphs · 214 wordsLeave granted.
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. That issue is no more res integra and is covered in favour of the appellant in Jogendrasinhji Vijaysinghji Vs. State of Gujarat (2015) 9 SCC 1. Therefore, the impugned judgment of the Division Bench in Arun Babulal Parashar Vs. Ahmedabad Municipal Corporation (2014) SCC Online Guj 3698 is set aside.
The matters are remitted to the Division Bench of the High Court. The parties are free to urge before the High Court, as to whether the writ petition as filed could be treated to be one under Article 226 or only an application under Article 227 of the Constitution of India and how did the Single Judge deal with the matter.
Since Letters Patent Appeal No.1466 is of the year and the original writ petition was filed in the year 1997, we request the High Court to deal with the Letters Patent Appeal as having been filed in the year 2014 and give it the appropriate seniority while listing the matters for hearing.
The civil appeals are disposed of accordingly, along with all pending applications.