(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard Ms. Vinita Vinayak, learned counsel appearing for M/s. Thakkar Associates for the appellants and Mr. Premal R. Joshi, learned counsel appearing for the respondents.
2. By way of this Intra-Court Letters Patent Appeal, the appellants – original petitioners have challenged the order dated 1.5.2012 passed by the learned Single Judge in Special Civil Application No.2607 of 1994 whereby the learned Single Judge dismissed the writ petition with cost quantified at Rs.12,000/-.
3. It is an admitted fact that the learned Single Judge dismissed the writ petition without entering into the merits of the matter. The learned Single Judge dismissed the writ petition on the ground that learned counsel for the appellants had sought an adjournment and while dismissing the writ petition, the learned Single Judge has also imposed cost of Rs.12,000/-. According to the learned counsel for the appellants, the cost imposed by the learned Single Judge of Rs.12,000/- has been paid to the respondents.
4. In this view of the matter, since the learned Single Judge has not entered into the merits of the case while dismissing the writ petition, we deem it fit and proper to remand the writ petition to the learned Single Judge for fresh decision on merits.
5. In the result, this Letters Patent Appeal succeeds and is allowed. The impugned order dated 1.5.2012 passed by the learned Single Judge in Special Civil Application No.2607 of 1994 is set aside. The writ petition is remanded back to the learned Single Judge for deciding afresh on merits expeditiously, subject to His Lordship's convenience. Rule is made absolute. There shall be no order as to costs.
Sd/-
[V. M. SAHAI, J.] Sd/-
[G. B. SHAH, J.] Savariya