1. It appears from the record that earlier, this Court (Coram:H.K. Rathod, J. as then he was) vide order dated 02.09.2011 passed in Special Civil Application No.10327 of 2011 made following observation in paragraph No.5:-
"5. In light of aforesaid facts and the matter is pending before the Regional Director of Municipality, Rajkot, it is directed to Regional Director of Municipality, Rajkot to consider application made by petitioners dated 11.3.2011 and decide it after giving reasonable opportunity to petitioners as well as respondent Nos.3 to 13 and also to the Savarkundla Nagarpalika, within a period of 3 months from date of receiving copy of present order and communicate the decision to petitioners immediately."
2. Mr.Ankit Shah, learned counsel appearing for the petitioners submitted that in spite of the specific direction issued by this Court to give an opportunity of being heard to the petitioners, the Regional Director of Municipality had passed order dated 02.02.2012 without affording any opportunity of hearing to the petitioners.
3. Hence, Notice returnable on 14.03.2012.
4. Respondent No.2 is directed to explain whether any opportunity is given to the petitioners or not, as per the direction of this Court, by filing an affidavit by returnable date. If no affidavit is filed, the Regional Director of Municipality shall depute the officer with original record so as to remain personally present before this Court on the next date. Direct service is permitted.
(R.M.CHHAYA, J.) Hitesh Top