Heard Mr. Desai, learned advocate for the applicant, Mr. Pujara, learned advocate for the opponent No.1, and Mr. Patel, learned AGP, for the opponent No.7.
2. The applicant has taken out present application seeking below mentioned relief/direction:-
"10(B) Pending final hearing and disposal of Special Civil Application No.8597 of 2010, the Hon'ble Court be pleased to restrain the opponent no.6 herein from proceeding with the show cause notice dated 01.12.2011 at Annexure-B to this application."
3. The applicant herein is one of the respondents in Special Civil Application No.8597 of 2010 which is filed by opponent No.1 herein. Learned advocate for the applicant has submitted that the actions have been initiated against the applicant only by way of arm twisting method and for pressuring the applicant herein for improper reasons and the actions sought to be initiated or proposed by the respondents are absolutely arbitrary. However, before the grievance of the petitioner may be considered for further detail, today, during the hearing, Mr. Desai, has placed on record a communication dated 3.3.2012 informing present applicant that the respondent authority will not take any further action in connection with or in pursuance of the show-cause notice issued against the applicant during the pendency of the petition. It appears from the said communication that though such assurance are given, the notice against the applicant is not withdrawn, but it is only kept in abeyance.
4. Having regard to the said communication, the application is disposed of at this stage as withdrawn / not pressed, however, learned advocate for the applicant has submitted that since the show-cause notice has not been withdrawn, his cause for grievance against the notice still survives and that therefore, liberty to approach the Court against any action by the respondent authorities in pursuance of the said notice or any action of similar nature may be reserved.
5. Having regard to the tenor of the communication dated 3.3.2012, request of the applicant is granted. The application is disposed of as withdrawn.
It would, however, be permissible to the applicant to take out appropriate proceedings against the action, if taken, in pursuance of the show-cause notice, which is subject matter of present application.
With the aforesaid observations and direction, present application stands disposed of.
(K.M.Thaker, J.) kdc Top