The present application is for restoration of the main petition which came to be dismissed for default as back as on 03.08.2006.
Initially, when the application was considered on 16.12.2011, the following order was passed -
"Notice returnable on 27.12.2011. The respondent shall verify the status of the property, since there is already a delay of 1710 days and report to this Court on the next date."
Thereafter, on 27.02.2012, the following order was passed -
"1. It appears that this Court vide order dated 16.12.2012 had passed the following order -
"Notice returnable on 27.12.2011. The respondent shall verify the status of the property, since there is already a delay of 1710 days and report to this Court on the next date."
Today, the learned AGP is unable to state that whether any verification of the status of the property is made or not.
Hence, it is directed that the District Collector, Surat shall ensure that the status of the property as existing today is verified through the concerned Mamlatdar of the area and the report is produced before this Court failing which, the officer not below the rank of Deputy Collector, working under him shall remain personally present. S.O. to 24.02.2012.
The learned AGP shall communicate this order to the concerned officer."
Today, the learned AGP Ms. Thakkar has placed on record the report received by the Government Pleader's office from the District Collector dated 22.02.2012 showing the status of the property.
It also appears that the interim orders were passed in the main petition which in any case, no more survive after the dismissal on 03.08.2006.
Under the circumstances, it appears that even if it is considered that there was sufficient reason for not remaining present when the matter was listed for hearing, the rights of the parties, if any altered cannot be automatically set at naught nor the development or change in the status of the property if any can also be ignored. But it appears that such aspect can further be examined by the Court taking up the main Special Civil Application. Even on the aspect of interim order, it appears that even if the main Special Civil Application is restored, the interim order if any should not get revived since the delay in preferring the application is also a very long of 1710 days. But, if any interim order is to be prayed for the original petitioner, or otherwise, it will be for him or them to move appropriate application and/or final hearing of the matter.
It is a fact that there is delay of 1710 days in preferring the application. Therefore, the appropriate cost also deserves to be imposed for condonation of delay and on the aspect of restoration, the appropriate clarification can be made.
Hence, the following order -
Delay in preferring application for restoration is condoned on the condition to pay the cost of Rs.10000 to the opponents. Such cost shall be deposited with the opponent or with the office of the Government Pleader, Gujarat High Court, within four weeks from today.
After the cost is deposited, the main Special Civil Application No.2612/97 shall stand restored but with the clarification that the rights of the parties including that of the Government, if any altered from 03.08.2006 till restoration of the main petition, shall not get in any manner affected adversely or otherwise. It is also clarified that it would be open to the appropriate Bench taking up Special Civil Application No.2612/97 to examine the aspects including that of alteration of the rights of the parties and the effect thereof on the relief prayed in the petition after 03.08.2006 until restoration. It is also clarified that by restoration of the main Special Civil Application No.2612/97, the interim relief if any pending the petition prior to the dismissal for default shall not get revived, but if the petitioner therein is desirous to get any interim protection, he may move so before the appropriate bench in the main Special Civil Application No.2612/97 by appropriate application or final hearing of the main Special Civil Application.
The application is disposed of in terms of the aforesaid direction. The main Special Civil Application be listed before the regular Bench.
(JAYANT PATEL, J.) *bjoy