Leave granted.
These appeals by special leave are directed
against the final judgment and order dated 9th of
May, 2007 passed by the Division Bench of the High
Court of Gujarat at Ahmedabad in Letters Patent
Appeal No.1625 of 2006 arising out of Special Civil
Application No.5529 of 2003 and LPA Nos.374-495 of
2007 arising out of Special Civil Application
Nos.21935 to 22056 of 2006 respectively. By the
aforesaid order, the Division Bench of the High
Court had set aside the orders of the learned
Single Judge in Special Civil Application No.5529
of 2003 and in Special Civil Application Nos.21935
to 22056 of 2006 and remanded back the matter to
the learned Single Judge for deciding it afresh on
merits and in accordance with law as well as
relevant rules and resolutions.
Mr. P.H. Parekh, learned senior counsel
appearing for the appellants challenged the
aforesaid order of the Division Bench submitting
that since the original order was passed on
consent, it was not open to the respondent to file
an appeal and proceed with the matter afresh, which
was disputed by Mr. R.P. Bhatt, learned senior
counsel appearing for the respondents.
Without going into the details of this matter
and without interfering with the impugned order, we
are of the view that since an order of remand has
been passed, it would be fair and proper that the
learned Single Judge shall decide the matter afresh
and proceed independently to decide the question
raised in the matter, without being influenced by
any observation made in the order passed by the
Division Bench of the High Court and observations,
if any, made by us in this order.
Accordingly, we request the learned Single
Judge of the High Court to decide the matter afresh
as aforesaid within a period of three months from
the date of supply of a copy of this order to it,
without granting any unnecessary adjournment to
either of the parties.
The appeals are disposed of accordingly with
no order as to costs.