1. Learned advocate Shri P.S. Patel has contended that the renewal application, which was pending since the year 2010, was not acted upon in any manner and the petitioner was, therefore, constrained to file this petition. After the notice was served, the concerned authority awoke from slumber and passed an order rejecting the application against which the appeal is already filed. Therefore, he requests the Court to pass appropriate order for expeditious disposal of the appeal and he seeks permission to withdraw the petition.
2. Learned Assistant Government Pleader has submitted that the appeal is preferred only in the month of 3rd March, 2012, and therefore, this Court may not issue any directions for expeditious disposal, as other petitions have not been entertained by this Court on such a request.
3. The Court is of the considered view that the pendency of renewal application and rejection thereupon and filing of appeal are to be looked into as composite events, which were indicated that the petitioner is, in fact, awaiting outcome of his renewal application, which was made in the year 2010, and therefore, this case was distinguishable and it cannot be said that the said petitioner rushed to the Court after filing the appeal for obtaining the order for expeditious disposal of the appeal. Therefore, on account of this clear distinction in the facts, the Court is inclined to accept the request.
4. Permission for withdrawal is granted. The concerned authority shall dispose of the appeal as expeditiously as possible preferably within three months from the date of the receipt of the order. Notice is dischaged.
(S.R.BRAHMBHATT, J.) rakesh/ Top