Learned senior counsel Mr. P. C. Kavina appearing for HL Patel Advocates for the newly added applicant no.3 who is respondent no.5 in the main matter has stated that this matter may not be taken up by this Bench as after his client has been joined as party, it has been in the nature of Public Interest Litigation (PIL) and therefore appropriate Bench should take up this matter for which he has relied upon decision of Devision Bench of this Court (Coram:Hon ble the Acting Chief Justice Mr. Bhaskar Bhattacharya and Hon ble Mr. Justice A. L. Dave) passed in Letters Patent Appeal No.1291 of 2011 in Special Civil Application No.2101 of 2011 dated 09/11/2011.
However, learned advocate Mr. Kapadia has stated that he has to say something even on this issue for which the matter which has been kept pending since 2010 may be adjourned for a week for deciding as to whether it is in the nature of Public Interest Litigation (PIL) or the petition is maintainable as it is.
The submission of learned advocate Mr. Kapadia has been objected by learned senior counsel Mr. P. C. Kavina.
In view of above, the matter is adjourned to 07/01/2013 to consider the aforesaid aspect or the issue.
(RAJESH H.SHUKLA, J.) (ila) Page 2 of 2