(PER : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) Heard learned advocate Mr.A.S. Vakil for the appellants original petitioners. The learned advocate invited attention of the Court to the fact that hearing of the matter, after the matter was remanded by this Court vide order dated 08.02.2012 in Special Civil Application No.3575 of 2011, had taken place before respondent no.1-authority on 01.06.2012 and 20.06.2012. Thereafter, an order was passed on 05.11.2012, a copy of which is produced at Annexure I . In that order itself it is mentioned at serial no.3 that the authority has taken into consideration letter bearing no.GJ/ ML/ 9297 dated 10.10.2012 of Geologist, Jamnagar. The learned advocate for the appellants original petitioners invited attention of the Court to the ground taken to this effect in the LPA. Besides that the learned advocate for the appellants original petitioners submitted that there is no denial that this contention was raised even before the learned Single Judge and affidavit in reply is filed by the respondents. The matter requires consideration.
2. ADMIT.
3. The respondents are directed to place the communications referred to in Ground (B-1) in the memo of appeal, which according to the learned advocate for the appellants original petitioners are relied upon by the authorities against the appellants original petitioners, with a copy to the learned advocate for the appellants original petitioners.
4. At the request of the learned advocate for the appellants original petitioners the Registry is directed to list this matter for final haring in the week commencing from 02.12.2013.
(RAVI R.TRIPATHI, J.) (R.D.KOTHARI, J.) karim Page 3 of 3