(PER :
HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI) We have heard Mr. Y.J. Patel, learned counsel appearing for the appellant, Mr. R.M. Chauhan, learned counsel holding brief of Mr. H.S. Munshaw appearing for respondent No.1, Mr. N.J. Shah, learned Assistant Government Pleader appearing for respondent No.2 and Mr. A.B. Gateshaniya, learned counsel appearing for respondent No.3.
2. This Letters Patent Appeal has been filed by the appellant original petitioner challenging the judgment and order dated 5.9.2012 passed by the learned Single Judge in Special Civil Application No.6585 of 2011 with Special Civil Application No.6694 & 6695 of 2011 whereby the learned Single Judge did not entertain the writ petition on merits and directed the respondent No.3 to take a final decision in the notice dated 2.5.2011 after considering the reply and the documents that may be submitted by the petitioner in the matter.
3. During the pendency of this Letters Patent Appeal, the respondent No.3 has taken a decision on 1.10.2012 which has been filed by the appellant by way of draft amendment in this appeal.
4. We are of the considered opinion that against the order dated 1.10.2012 passed by the respondent No.3 i.e. Sarpanch of village Kotharia, it is always open for the appellant to file a writ petition as since this order was not the subject matter of the writ petition, no decision can be taken in the Letters Patent Appeal.
5. In this view of the matter, this Letters Patent Appeal is dismissed as having become infructuous with a liberty to the appellant to challenge the order dated 1.10.2012 passed by the respondent No.3 i.e. Sarpanch of Kotharia Gram Panchayat, Tal. Vadhvan, Dist. Surendranagar by way of fresh writ petition. Notice discharged. Interim relief stands vacated. There shall be no order as to costs.
In view of disposal of main appeal, Civil Application for stay does not survive and it is accordingly dismissed.
(V.M.SAHAI, J.) (S.G.SHAH, J.) Savariya Page 2 of 2