(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR)
1. This appeal is filed against the order of the learned Single Judge by which the learned Single Judge has issued the notice only on one point and has relegated the appellants to the alternative remedy so far as the prayer 7-A is concerned.
2. It is argued by Mr.Vakil that, it is well settled proposition of law that either the matter can be admitted or dismissed as a whole, but it cannot be admitted or dismissed in part. It is further submitted by Mr.Vakil that both the issues are interconnected and the same are required to be heard together.
3. Ms.Chandarana, learned AGP states that though alternative remedy may be there qua prayer 7-A, but according to her, both the issues are interconnected with each other. She further states, on instructions received from the concerned officer, that she has no objection if the entire matter is again reheard at the time of admission on both the issues.
4. Considering the said stand of learned AGP, the impugned order of the learned Single Judge insofar as the learned Single Judge has not entertained the petition qua the prayer 7-A is set aside. Learned Single Judge may decide the entire petition regarding all the prayers at the time of admission of the matter. Notice issued by the learned Single Judge, therefore, may be treated to have been issued regarding the entire petition and the prayer 7-A stands revived accordingly. If any additional affidavit is required to be filed by the respondents qua prayer 7-A, request be made before the learned Single Judge on the relevant date i.e. on 20.7.2012 and it is for the learned Single Judge to consider such prayer for giving time to file the reply regarding prayer 7-A.
5. Subject to what is stated above, the appeal is disposed of. Notice is discharged. No costs.
6. In view of the above order, the Civil Application does not survive and the same is disposed of accordingly.
(P.B.Majmudar,J) (Mohinder Pal,J) pathan Top