Motka Sureshchandra Jivanjibhai and Others vs State of Gujarat and Others

V.M. Sahai, J.—Neither in the first call, nor in the second call learned Counsel for the Appellant is present.

We have heard Mr. N.J. Shah, learned Asstt. Government Pleader.

This Letters Patent Appeal has been filed challenging the order of the learned Single Judge dated 27.9.2010 passed in Special Civil Application

No. 10979 of 2010.

Learned Asstt. Government Pleader urged that in paragraphs 6 and 7, it has been stated that the Government Resolution dated 12.8.2010 was

not brought to the notice by either of the parties before the learned Single Judge. Therefore, the learned Single Judge dismissed the writ petition.

However, in pursuance of the Government Resolution dated 12.8.2010, the relief has been granted to the Petitioners by order dated 5.1.2011.

Learned Asstt. Government Pleader states that in this view of the matter, the grievance of the Petitioners has been redressed and he has been

granted the relief by the Respondents. Therefore, this appeal deserves to be allowed in terms of Government Resolution dated 5.1.2011.

In the result, the appeal is allowed. The order dated 27.9.2010 passed by the learned Single Judge in Special Civil Application No. 1099 is set

aside. Since relief has been granted to the Petitioner by Govt. Resolution dt.5.1.2011 no further order is required to be passed.

In view of the order passed in the main appeal, no orders are required to be passed in the Civil Application for stay and it is also dismissed

accordingly. Rule is made absolute.