As is evident from the averments made in the application itself Civil Application No.3110 of 2011 was filed in the main writ petition being Special Civil Application No.3938 of 1992. By an order dated 01.02.2012 this Court passed the following order:
"Rule.
To be heard along with the main matter."
Thereafter, an office note dated 15.02.2012 was placed for consideration of this Court pointing out that the main writ petition being Special Civil Application No.3938 of 1992 is already dismissed. Hence, the following order came to be passed below the office note:
" Though served, none appears on behalf of the petitioner, Hence, the petition stands dismissed. Notice is discharged. Interim relief, if any, stands vacated."
Thereafter by order dated 23.03.2012 this Court (Coram: K.S.Jhaveri, J) passed the following order:
" Perused the office note. In view of the averments made in the application, the same is granted in terms of para 5(a) and (b). The Special Civil Application is restored to file at its original number. Application stands disposed of accordingly."
In view of the above development therefore, the main writ petition being Special Civil Application No.3938 of 1992 is restored. Mr.Vora, learned advocate for the applicant, seeks permission to withdraw this application to file a separate application for amendment, as observed by this Court in Civil Application No.3110 of 2011 in order dated 07.03.2012.
Permission granted. Application stands disposed of as withdrawn.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Top