ARUN BABULAL PARASHAR Vs. AHMEDABAD MUNICIPAL CORPORATION

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 7191-92 of 2016, Judgment Date: Aug 01, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                      CIVIL APPEAL NO. 7191-92 OF 2016
           [@ SPECIAL LEAVE PETITION (C) NOs. 22285-22286 OF 2014]


      ARUN BABULAL PARASHAR                           Appellant(s)

                                VERSUS


      AHMEDABAD MUNICIPAL CORPORATION                Respondent(s)

                               J U D G M E N T

KURIAN, J.
1.    Leave granted.

2.    The appellant is before this Court, aggrieved by the  stand  taken  by
the Division Bench of the High Court that an appeal against the Judgment  of
the learned Single Judge was not maintainable before the Division Bench.

3.    That issue is no more Res Integra and is  covered  in  favour  of  the
appellant in "Jogendra Sinhji Vijay Singhji Vs. State  of  Gujarat  &  Ors."
reported in (2015) 9 SCC 1.

4.    Therefore, the impugned Judgment of the Division Bench in LPA No.  298
of 2014 is set aside.  The matter is remitted to the Division Bench  of  the
High Court.   The  appeal  shall  stand  restored  and  the  High  Court  is
requested to dispose of the same expeditiously on merits.

5.    In view of the above, these appeals are disposed of.
      No costs.
                                                   .......................J.
                                                       [ KURIAN JOSEPH ]

                                                   .......................J.
                                               [ ROHINTON FALI NARIMAN ]

      New Delhi;
      August 01, 2016.