(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR) This appeal is directed against the order of the learned Single Judge dated 1.5.2012, by which the learned Single Judge, while admitting the matter, refused to grant interim relief in favour of appellant on the ground that respondent No.7 is already put into possession by the GIDC.
The grievance of the appellant is that even though the appellant gave an application prior in time for allotment of the plot in question, in an arbitrary manner the allotment has been made by the GIDC in favour of respondent No.7.
It is argued by the learned counsel, Mr.Vaishnav that by virtue of refusal of interim relief by the learned Single Judge, the respondent No.7 is proceeding with the construction.
In our view, at the time when the learned Single Judge decided the prayer for interim application, the respondent No.7 was already put into possession. In view of the same, the learned Single Judge has rightly not exercised discretion by granting interim relief, as it may amount to granting of mandatory relief by dispossessing the respondent No.7. Whether the respondent No.7 was allotted the plot illegally or not, is the question which has to be decided in the writ petition.
Considering the said aspect, the order passed by the learned Single is not required to be interefered with in this LPA. However, issue involved in the writ petition is required to be decided without delay. The learned Single Judge may accordingly dispose of writ petition preferably by 31.8.2012.
It is also clarified that the allotment in favour of respondent No.7 shall be subject to result of the petition and in case ultimately the allotment is set aside in a writ petition, the respondent No.7 naturally cannot claim any equity on the ground that he is already put into possession, as in our view the learned Single Judge has rightly observed that the allotment shall be subject to the result of the petition.
Present LPA is accordingly disposed of subject to what is stated hereinabove.
Consequently, Civil Application for stay is also disposed of.
(P.B.MAJMUDAR,J.) (MOHINDER PAL,J.) (vipul) Top