C/LPA/1667/2012 JUDGEMNT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

LETTERS PATENT APPEAL NO. 1667 of 2012

In

SPECIAL CIVIL APPLICATION NO. 15016 of 2012

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI

Sd/-

and

HONOURABLE MR.JUSTICE S.G.SHAH

Sd/-

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1. Whether Reporters of Local Papers may be

allowed to see the judgment ?

NO

2. To be referred to the Reporter or not ?

NO

3. Whether their Lordships wish to see the

fair copy of the judgment ?

NO

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 ?

NO

5. Whether it is to be circulated to the civil

judge ?

NO

=========================================

PRAVINBHAI FULABHAI SHARMA....Appellant

Versus

STATE OF GUJARAT & 1....Respondents

=========================================

Appearance :

MR SD SUTHAR FOR MR NK MAJMUDAR, Advocate for the Appellant.

MR NJ SHAH, Assistant Government Pleader for the respondents.

=========================================

CORAM: HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI

and

HONOURABLE MR.JUSTICE S.G.SHAH

Date : 07/01/2013

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C/LPA/1667/2012 JUDGEMNT

ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI)

1.

We have heard Mr. S.D. Suthar, learned counsel

appearing for the appellant and Mr. N.J. Shah, learned Assistant

Government Pleader appearing for the respondents.

2.

This Intra-Court Letters Patent Appeal is filed by the

appellant – original petitioner challenging the judgment and order

dated 11.12.2012 passed by the learned Single Judge in Special

Civil Application No.15016 of 2012 whereby the learned Single

Judge dismissed the writ petition.

3.

The father of the appellant had died on 20.12.2010 in a

private hospital i.e. Sanjay Hospital, Nadiad. Dr. Kumaril Amaravat

issued a certificate of death. A photocopy of the said certificate has

been filed at page 13 of the writ petition. Since the father of the

appellant did not die in Government Hospital, therefore, there is no

provision in any law which requires District Magistrate to issue a

Certificate to the effect that no Postmortem was conducted.

4.

For the aforesaid reason, we do not find any error in

the order passed by the learned Single Judge. This appeal is devoid

of any merits and is accordingly dismissed.

(V.M.SAHAI, J.)

(S.G.SHAH, J.)

Savariya

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