(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) Notice returnable on June 21, 2012. Mr. P.K. Jani, learned Government Pleader appears and waives service of notice on behalf of respondents no.1 and 2.
After hearing Mr. Hasim Qureshi, learned advocate appearing on behalf of the petitioners and after going through the materials on record, we find that the petitioners have made out a strong prima facie case restraining the respondents from making any construction before the proceedings arising out of the show-cause-notices which are annexed as Annexures: "G" and "H" to the application are disposed of in favour of respondent no.3 by respondents no.1 and 2. We accordingly pass such order till June 21, 2012 with liberty to apply for extension after service of notice upon the respondent no. 3. Direct service permitted for respondent no.3.
[BHASKAR BHATTACHARYA, ACTING CJ.] [J.B.PARDIWALA, J.] FURTHER ORDER After the above order was passed, Mr. Mihir Thakore, the learned Senior Advocate appeared on behalf of the respondent no.3 and submitted that pursuant to the notice of show cause notice, although his client has already answered and hearing has also taken place, no decision has been taken by the respondent no.2 till today.
In view of such fact, we modify the interim order granted today only to the extent that pendency of this writ-application or this interim order will not stand in the way of the respondent no.2 in disposing of the proceeding arising out of the show-cause-notice in accordance with law.
If reply is given to the show-cause-notice and hearing has already been concluded, the respondent no.2 should pass appropriate order on the basis of such reply and hearing in accordance with law, within three weeks from today. We make it clear that we have otherwise not gone into the merits of the show-cause-notice.
[BHASKAR BHATTACHARYA, ACTING CJ.] [J.B.PARDIWALA, J.] pirzada/-
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