1. Learned AGP Mr. Rashesh Rindani for the State as well as Mr. Ankit Shah, leaned advocate for the petitioners and opponents in Civil Application No. 11656 of 2012 have submitted that the advocate for Savarkundla Municipality has filed sick note today, but if the prayers made in the application at para no.5-A is allowed, Savarkundla Municipality would have no problem as essentially in the main matter also the grievance was qua non-hearing of the concerned. That, after filing of this petition, one attempt of such nature was made by Savarkundla Municipality also which was required to be disposed of as the main matter was pending.
2. The affidavit is filed by the State authorities, i.e. Regional Director of Municipalities at Rajkot, the authority who is required to give hearing to all the concerned. Thus, in my view, nothing would survive so far as the civil application and also main petition are concerned. Hence both these matters are disposed of with the direction to the concerned authority, i.e. Regional Director of Municipalities, Rajkot, to adhere to its statement made in para no. 5-A in the civil application. Accordingly, main petition and civil application are disposed of.
3. It goes without saying that in the interregnum period by interim order pay is protected, same shall be continued till final decision by the authority is communicated to the petitioners and a week is passed there after. Liberty to file fresh proceedings in case of difficulty.
4. Both the matters are disposed of accordingly. Rule made absolute in Special Civil Application. However, there shall be no order as to costs.
(S.R.BRAHMBHATT, J.) vgn