LPA/13319/1997 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 133 of 1997 In SPECIAL CIVIL APPLICATION No. 6269 of 1996 With CIVIL APPLICATION No. 1780 of 1997 In LETTERS PATENT APPEAL No. 133 of 1997 For Approval and Signature: HONOURABLE MR. JUSTICE MOHIT S. SHAH HONOURABLE MS.JUSTICE H.N.DEVANI ========================================= = 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= = MUKUNDRAY NARDASHANKER PANDYA - Appellant(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================= = Appearance : NOTICE UNSERVED for Appellant(s) : 1, MS NISHA PARIKH, AGP for Respondent(s) : 1 - 2. ========================================= = CORAM : HONOURABLE MR. JUSTICE MOHIT S. SHAH and LPA/13319/1997 2/3 JUDGMENT HONOURABLE MS. JUSTICE H.N.DEVANI Date : 07/10/2008 ORAL JUDGMENT (Per : HONOURABLE MR. JUSTICE MOHIT S. SHAH) 1. This appeal is directed against the judgment dated 25th November, 1996 of the learned Single Judge dismissing the petition filed by the appellant. The appellant had filed the Special Civil Application challenging the order of eviction from the Government quarters. The learned Single Judge dismissed the petition on the ground that the petitioner had no legal right to retain the possession of the Government quarters after he acquired his own premises in the city of Ahmedabad. While dismissing the petition, the learned Single Judge also directed the petitioner to vacate the quarters forthwith and also directed the petitioner to pay costs of Rs.2,000/- to the State Government. 2. This Letters Patent Appeal came to be admitted on 14th February, 1997 when the appellant was represented by his learned advocate Mr. J.V. Desai. Unfortunately, upon the sad demise of Mr. J.V. Desai, the Registry sent a notice to the appellant on 04th August, 2008. As per the office endorsement, the notice could not be served as the appellant was not found (he has sold his house). In view of this development, we would have ordinarily called upon the respondent authorities to find out the present address of the appellant. However, considering the fact that what is challenged in this appeal is the order of the learned Single Judge dismissing the petition LPA/13319/1997 3/3 JUDGMENT and requiring the appellant – petitioner to vacate the Government quarters and the appellant has obviously already vacated the Government quarters, we do not think any useful purpose would be served by keeping this appeal pending. The appeal is accordingly dismissed as infructuous. Civil Application for stay is also dismissed. ( Mohit S. Shah, J. ) ( Harsha Devani, J. ) hki