1. Vide order dated 20.1.2012, at the request of Mr. M.B. Parikh, learned advocate for the respondent Municipality as he was not having any instructions in the matter, the matter was specifically kept today and it was observed in Para 4 as under:-
"4. Considering the issue involved in the matter and the earlier order dated 7.10.2011, the respondent is directed to file an affidavit in reply on or before 25.1.2012, failing which, the Chief Officer of the respondent Municipality shall personally remain present."
2. Today when the matter was called out, Mr. M.B. Parikh submitted that the Chief Officer of the respondent Municipality is not in a position to remain personally present as per the above order and according to Mr. M.B. Parikh, he was called by the District Court, Amreli.
3. The order dated 20.1.2012 as quoted above provided that the respondent - Chief Officer was to file an affidavit. Even according to Mr. M.B. Parikh, he was called today before the District Court, Amreli, still however, no affidavit is filed.
4. Hence, the Chief Officer of Damnagar Municipality shall file an affidavit explaining his absence as well as his action of non-filing of affidavit. S.O. to 10.2.2012.
5. Copy of this order shall be served upon the Chief Officer, Damnagar Municipality through the District Court, Amreli.
[R.M.CHHAYA, J.] mrpandya Top