(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR) Learned counsel for the appellant is not remaining present though listed for time to time.
In view of the same, it is clear that he is not interested in the result of the appeal. Hence, the appeal stands dismissed for default.
(P.B.
Majmudar, J) (Mohinder Pal, J) Anup FURTHER ORDER After the above order is passed, Mr.Pathak appeared and requested for recall of the above order. Order is recalled on oral request.
We have heard Mr.Pathak, learned counsel for the appellant. According to him, the farm of the appellant is falling within the alignment area for which the resolution of the corporation protects such farmers like the appellant. He submitted that he would like to make representation on this point which according to him is not highlighted in the order by the learned Single Judge. Since the appellant wants to make a representation to the authority concerned, without expressing any opinion on this issue, Mr.Pathak is permitted to withdraw this appeal. The authority concerned is directed to decide the representation that may be made by the appellant in accordance with the law and the policy prevalent in this regard and as per its own merit expeditiously and preferably within a period of two months from the date of receipt of the same and the decision thereof be communicated to the appellant thereafter. We express no opinion regarding merits of such representation. It is for the authority to decide the representation in accordance with law and as deemed fit and as to whether such representation is permissible in the eye of law. The appeal stands disposed of as withdrawn.
In view of above, the Civil Application does not survive and the same is disposed of.
(P.B.
Majmudar, J) (Mohinder Pal, J) Anup Top