(Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. Heard Mr.M.T.M.Hakim, learned counsel appearing for the appellant, Mr.N.J.Shah, learned Assistant Government Pleader appearing for respondent no.1, Mr.H.S.Munshaw, learned counsel appearing for respondent no.2 and Mr.M.B.Parikh, learned counsel appearing for respondent no.3.
2. The appellant wants to construct dom in the Dargah for which he has applied for grant of permission from the Nagarpalika. Permission was rejected by the Nagarpalika, therefore, it was challenged by way of writ petition which has given rise to this Letters Patent Appeal. During pendency of this Appeal, the appellant has again applied for grant of permission to Nagarpalika which has been rejected by the Nagarpalika by its letter dated 4.3.2010 which is the subject matter of challenged in Special Civil Application No.13417 of 2011 and the writ petition is pending before the learned Single Judge. Since subsequently, the appellant has applied for grant of permission for constructing dom in the Dargah which has been rejected, therefore, in our opinion, this Appeal has been rendered infructuous. Accordingly, this Appeal is dismissed as infructuous. Dismissal of this Appeal will not come in the way of of matter being decided by the learned Single Judge. Civil Application is also dismissed.
(V.M.SAHAI,J) (A.J.DESAI,J) ***vcdarji Top