1. RULE.
Mr. A.K. Clerk, learned advocate waives service of rule for the opponents. The present application is filed for restoration of main Writ Petition being Special Civil Application (Stamp) No.7227 of 2010.
2. Heard Ms. Abha Makwana, learned advocate for Mr. R.N. Singh for the applicant and Mr. A.K. Clerk, learned advocate for the opponents.
3. It is the case of the applicant that due to oversight of the Clerk, the office objections could not be removed. Learned advocate for the applicant states that the office objections shall be removed on or before 20.1.2012.
4. Mr.
A.K. Clerk, learned advocate for the opponents has candidly submitted that even though the issue involved in the main matter now stands concluded by the judgment of the Hon'ble Apex Court relied upon by the applicant in the main Writ Petition, this restoration application may be allowed and the main matter may be restored.
5. On the assurance given by learned advocate for the applicant as mentioned above, the main Writ Petition is restored. The application is allowed in the aforesaid terms. Rule is made absolute with no order as to costs. Registry shall list the main Writ Petition for final hearing on 23.1.2012.
[R.M.CHHAYA, J.] mrpandya Top