(Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We have heard Mr.Prashant Desai, learned Senior counsel assisted by Mr.Kaushal Pandya, appearing for the appellant. This Letters Patent Appeal has been filed challenging the order date 13.1.2012 passed by the learned Single Judge in Civil Application No.192 of 2012 in Special Civil Application No.18667 of 2011 of 2011. The application filed by the appellant under Article 226(3) of the Constitution of India has been rejected by the learned Single Judge and interim relief has been confirmed by the learned Single Judge.
2. The grievance of the learned counsel for the appellant is that the mater has not yet been admitted, but the interim order has been confirmed. Normally, interim order should be confirmed after admission of the petition.
3. Learned counsel Mr.Desai states that before the learned Single Judge, he has made a statement that the writ petition may be disposed of with a direction to the respondents to proceed in accordance with law. However, it shall be open to Mr.Desai to make a statement before the learned Single Judge.
4. We are not inclined to interfere with the impugned order. However, interest of justice would demand that the writ petition filed by the respondents shall be decided expeditiously. This appeal is finally disposed of with a request to the learned Single Judge to decide the writ petition itself on merits expeditiously at an early date subject to His Lordship's convenience.
5. As the Letters Patent Appeal has been finally disposed of, the Civil Application does not survive.
(V.M.SAHAI,J) (A.J.DESAI,J) ***vcdarji Top