Learned advocate Mr.Mehul Sharad Shah argued the matter at length and submitted that vide order dated 27th August 2009, passed in Special Civil Application No.5256 of 2008 and other matters, the petitions were disposed of with liberty to revive. He, therefore, requested that the applicants be permitted to revive their petitions. In view of the fact that these Misc. Civil Applications are filed after lapse of more than two years, the Court is not inclined to accept the request.
2. After the matter is heard for some time, learned advocate Mr.Mehul Sharad Shah seeks permission to withdraw this Misc. Civil Application with a view to avail remedy of filing fresh petition.
In order dated 27th August 2009 in Special Civil Application No.5256 of 2008, it was mentioned that, "At the request of the learned counsels appearing for the parties, liberty is reserved in favour of all the parties to challenge the action of the Town Planning authorities, if any party is aggrieved by the same."
That being so, the learned advocate is permitted to withdraw both these Misc. Civil Applications. Both these Misc. Civil Applications are disposed of as withdrawn. Notice is discharged.
At the request of the learned advocate appearing for the respondents it is clarified that this withdrawal does not mean granting of permission to file a fresh petition. Filing of any petition will be strictly in accordance with law and all the parties have right to contest such petition in accordance with law.
(RAVI R. TRIPATHI, J.) karim Top