LPA/766/2001 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 766 of 2001 In SPECIAL CIVIL APPLICATION No. 10580 of 1999 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ========================================================= 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 ? ========================================================= KANCHANLAL MOTILAL PATEL & 2 - Appellants Versus LUNAWADA NAGAR PALIKA & 3 - Respondents ========================================================= Appearance : MR PERCY KAVINA WITH PM DAVE for Appellants : 1 - 3. MR BC DAVE for Respondents : 1, MR YM THAKKAR for Respondents : 2 - 3. MR MEETA PANCHAL AGP for Respondent: 4, ========================================================= CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD and HONOURABLE MR.JUSTICE S.R.BRAHMBHATT LPA/766/2001 2/3 JUDGMENT Date : 11/08/2008 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE BHAGWATI PRASAD) 1. Heard learned counsel for the parties. 2. The Special Civil Application was limited on a point where direction was sought by the petitioners to the tune that the Municipal Board/Nagarpalika to forthwith grant permission for construction of the class rooms as per the application made on 16.6.1998 for Kissan Madhyamik Vidhyalaya, Lunawala. 3. It is submitted by Mr. Kawina, learned counsel for the appellant that learned Single Judge has not considered the aforesaid limited prayer and issued several directions which are beyond the scope of the jurisdiction and requests that appropriate direction be issued to the Municipal Board/Nagarpalika to decide the said application dated 16.6.1998 within stipulated time after hearing both the sides in accordance with law. 4. Shri Thakkar, learned counsel appearing for respondent Nos.2 and 3 submits that this Hon'ble Court may also issue direction to the Civil Court to decide the Civil Suit, which is pending between the parties, as early as possible. LPA/766/2001 3/3 JUDGMENT 5. In view of the aforesaid facts and circumstances of the case, the Municipal Board / Nagarpalika is directed to decide the application dated 16.6.1998 as early as possible and further direction is also issued to the Civil Court to dispose of the Civil Suit pending between the parties expeditiously. The directions issued by learned Single Judge are hereby set aside. The interim relief granted earlier to continue till then. 6. Letters Patent Appeal is disposed of accordingly. There shall be no order as to costs. [BHAGWATI PRASAD, J.] [S.R.BRAHMBHATT, J.] pallav