(Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. Though the board has been revised, neither in the first call nor in the second call, learned counsel Mr.Sachin D.Vasavada appearing for respondent no.1. is present.
2. This Review Application has been filed against the interim order passed in writ petition being Special Civil Application No.10347 of 2011. The learned Single Judge had granted two interim orders dated 8.8.2011 and 6.9.2011 which were challenged in this Appeal. The Appeal was dismissed by us on 7.12.2011. Thereafter, the petitioner-respondent has withdrawn the Special Civil Application. The effect of withdrawing the writ petition would be that interim orders passed by the learned Single Judge would not survive. Therefore, the Letters Patent Appeal could not be dismissed by this Court by issuing direction.
3. For the aforesaid reason, this Miscellaneous Civil Application is allowed and we recall the order dated 7.12.2011 passed by us in Letters Patent Appeal and dismiss the Appeal only on the ground that the writ petition has been withdrawn by the respondent before the learned Single Judge. Therefore, nothing survives to be decided in this Letters Patent Appeal. The Appeal is dismissed accordingly.
(V.M.SAHAI,J) (A.J.DESAI,J) ***vcdarji Top