1. Having regard to the fact that
(a) Appeal from Order has been filed on or around 13.4.2012 and
(b) having regard to the fact that this Court is assigned roster of SCA (Non-Service) Group-III (which are not specified in Group I and II) including the matters relating to the Passport Act, the Stamp Act and the Right to Information Act, Advocates Act, Electricity Act, Motor Vehicles Act, Registration of Birth and Death Act, Bombay Police Act, Public Trusts Act, Mines and Minerals Act, Essential Commodities Act, Notaries Act, Trade Marks Act, Earth Quake Matters, Cinema Act, Wakf Act, The Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 and other Miscellaneous Acts and
(c) also having regard to the fact that the Court (Coram: Hon'ble Mr.Justice J.C. Upadhyaya) has already passed order admitting the appeal and has also passed order to expedite the Rule and
(d) also having regard to the fact that certain interim order has also been passed by the Court, under the order dated 11.5.2012.
2. This Court tried to explain the petitioner who appears as party-in-person and who is also an advocate by profession that several other very old matters, i.e. petitions filed in 1999, 2000, 2001, etc. are already pending on the cause list for final hearing and when such old matters are pending, if the applicant's request for early date of hearing for final hearing of the appeal which has been filed in April 2012 and has been admitted in May 2012, were to be granted, then it would amount to granting out of turn and preferential hearing to the appeal overlooking and ignoring the seniority of the old petitions which are waiting for final hearing and are listed in the cause list.
3. However, instead of appreciating the position, the applicant, who appears as party-in-person and as mentioned earlier, who is also an advocate by profession, insisted that the Court should fix some early date for final hearing which is filed in April 2012 and admitted in May 2012.
4. The Court also tried to explain the applicant that before the cause list for matters listed for admission is completed, even otherwise final hearing, cause list cannot be commenced/operated and even when the cause list containing matters for final hearing is commenced / operated, the seniority of old matters cannot be ignored and it would not be feasible or practical or just and equitable to fix early date of hearing for the appeal in question because it would amount to not only granting out of turn and preferential hearing to the applicant but would also amount to adversely affecting interest of the petitioners in other matters which are more senior and old than present appeal.
5. However, despite the Court's attempt to explain these aspects to the applicant, the applicant persisted with the request and insisted that the Court must fix an early date for final hearing of the appeal out of turn, notwithstanding the pendency of other old matters.
6. Therefore, this Court is constrained to observe that the application and the appeal may receive consideration by another Bench, more particularly because it would not be possible for this Court to accept and grant early date of final hearing for the appeal by disregarding right and similar requests by other petitioners, whose petitions are more senior and old and are pending on the cause list for final hearing.
7. Since, despite the Court's attempt to explain the position to the applicant, the applicant continued to insist that early date of final hearing for the appeal may be fixed, below mentioned order is passed.
8. The application may receive consideration from another Bench.
(K.M.
Thaker, J.) Bharat*