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SCA/2888/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2888 of 2010
=========================================================
D
P PANDYA - Petitioner(s)
Versus
GUJARAT
WATER SUPPLY AND SEWERAGE BOARD & 1 - Respondent(s)
========================================================= Appearance
:
MR
AS SUPEHIA for Petitioner(s) : 1, MR HS MUNSHAW for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 22/04/2010
ORAL
ORDER
1. Leave
to amend and replace Annexure J and Annexure L.
2. By
way of this petition the petitioner has challenged the order dated 24.9.2009 wherein he has challenged the order dated 19.6.2009.
3.
Learned counsel for the petitioner has submitted that the appellate authority has passed the impugned order dated 24.9.2009 without hearing the petitioner and no reasons have been given in the impugned order and therefore the said order is required to be quashed and set aside.
4.
In the case of Ranjit Singh vs. Union of India and others reported in AIR 2006 SC 3685, more particularly in paras 19 and 22, the Apex Court held that appellate authority must spell out the reasons for dismissing the appeal.
5.
In the premises aforesaid, the impugned order passed by the appellate authority is quashed and set aside only on the ground of non-reasoned order. The petitioner will now approach the appellate authority again with the same appeal memo before 15th May, 2010, and the appellate authority will hear the petitioner and decide the appeal preferably by 15th July, 2010. It is clarified that this Court has not examined the matter on merits of the case.
6.
If the order of the appellate authority is adverse to the petitioner, it will be open for the petitioner to challenge the same.
7.
With the aforesaid observations and directions, the petition is disposed of with no order as to costs. Direct service is permitted.
( K.S.
Jhaveri, J. )
syed/
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