1. The present application has been preferred by the applicant herein for the following main reliefs:
"13(A) That this Hon'ble Court be pleased to revive the aforesaid writ petition being Special Civil Application No.2518 of 2011 and thereupon be pleased to grant relief in favour of the applicant as prayed for therein.
(B) That pending hearing of the present application, this Hon'ble Court may be pleased to issue an appropriate direction upon Opponent No.1 to 3 for ensuring stoppage of further encroachment upon the land in question and removal of Opponent No.4 to 28 from the land in question along with the construction put up thereupon by them.
(C) That this Hon'ble Court may be pleased to award the costs of this application to the applicant herein."
2. Heard Mr.Dhaval Dave, learned Senior Counsel appearing on behalf of the applicant herein.
3. A grievance which is voiced in the present application is that the order dated 03/03/2011 passed by this Court in Special Civil Application No.2518 of 2011 has not been complied with and, therefore, it is prayed to revive the main Special Civil Application on the ground that the order dated 03/03/2011 passed by this Court in Special Civil Application No.2518 of 2011 has not been complied with. The prayer of the applicant to revive the main Special Civil Application cannot be granted. If the applicant is of the opinion that the order dated 03/03/2011 passed by this Court in Special Civil Application No.2518 of 2011 has not been complied with, the applicant has other alternative remedies available either to initiate appropriate proceedings under the Contempt of Courts Act or any other proceedings. Even the applicant can also initiate appropriate independent proceedings afresh if the applicant is of the opinion that still cause survive. Unless and until while disposing of the aforesaid Special Civil Application No.2518 of 2011 liberty was reserved to revive the petition, the prayer sought in the present application cannot be granted.
4. In view of the above and with above observations, the present Misc.Civil Application is dismissed.
[M.R.SHAH,J] *dipti Top