During the course of arguments, it is brought to the notice of this Court by learned Senior Advocate, Mr.Harin P.Raval that another matter namely, Special Civil Application No.15234 of 2012 involving identical issues was not before this Court and said matter is now placed before Hon ble Smt. Justice Abhilasha Kumari.
It is to be noted that although the said fact was within the knowledge of learned Senior Advocate, Mr.D.D.VYas appearing in the aforesaid matter, it was not brought to the notice of this Court at initial stage. However, subsequently this fact is brought to the notice of this Court. This Court is taking notice of this fact with pain.
In view of the above, Not before this Court .
Registry is directed to place this matter before appropriate Court after obtaining permission from Hon ble The Chief Justice.
It is now submitted by learned advocate, Mr.A.J.Yagnik for respondent No.1 that under the guise of order of status-quo granted by this Court on 13-12-2012, the petitioners have placed police force at the place and, therefore, necessary order be passed for removal of police protection.
It is to be noted that once an order of Not before this Court is passed by this Court, this Court would not like to pass any further order. It is however clarified that order of status quo dated 13-12-2012 has been passed by this Court after hearing learned counsel appearing for both the sides.
(M.D.SHAH, J.) RADHAN Page 2 of 2