LPA/225/1993 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 225 of 1993 In SPECIAL CIVIL APPLICATION No.6599 of 1992 With CIVIL APPLICATION No.1019 of 1993 In LETTERS PATENT APPEAL No. 225 of 1993 In SPECIAL CIVIL APPLICATION No.6599 of 1992 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 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 ? ========================================================= CHANABHAI BHIKHABHAI BATHVAR - Appellant(s) Versus RAJKOT MUNI. CORPORATION - Respondent(s) ========================================================= Appearance : MR MUKUL SINHA for Appellant(s) : 1, MR RM CHHAYA for Respondent(s) : 1, MR BP TANNA for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER LPA/225/1993 2/3 JUDGMENT Date : 10/03/2008 ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) This Appeal, preferred under Clause 15 of the Letters Patent, arises from the order dated 23rd December, 1992 made by the learned Single Judge in above Special Civil Application No.6599 of 1992. In the above writ petition preferred by the present appellant the challenge was directed against the action of the respondent Rajkot Municipal Corporation in filling 2 posts of Assistant Commissioner by direct recruitment. Mr. Sinha has candidly admitted that in view of passage of time, the cause of action does not survive. He also admits that the Appeal suffers from the vice of non-joinder of necessary parties. He, however, submitted that once again the respondent Rajkot Municipal Corporation has advertised 5 vacancies in the cadre of Assistant Commissioner to be filled in by direct recruitment. He has submitted that the appellant be reserved liberty to challenge LPA/225/1993 3/3 JUDGMENT the said action. In view of passage of time, the cause of action does not survive. The Appeal is, accordingly, disposed of. Civil Application No.1019 of 1993 stands disposed of. The parties will bear their own cost. It is clarified that in the event the appellant is aggrieved by the action of the respondent Rajkot Municipal Corporation in filling up the posts of Assistant Commissioner by direct recruitment, he may resort to the remedy available to him. (Ms. R.M.Doshit, J.) (K.M.Thaker, J.) kdc