(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) We have heard Mr. Vijay Nagesh, learned counsel appearing for the appellant, Mr. N.J. Shah, learned Assistant Government Pleader appearing for respondent Nos.1 & 2, Mr. Nitin Dave holding brief of learned counsel Mr. Pranav Shah who has submitted that he has filed his appearance on behalf of respondent No.3 and Mr. Suresh R. Parekh, learned counsel who has put in appearance on behalf of respondent No.4.
2. This Letters Patent Appeal has been filed challenging the order dated 8.4.2011 passed by the Learned Single Judge in Civil Application for fixing the date of hearing No.4413 of 2011 in Special Civil Application No.6981 of 2010. By the said order, the Learned Single Judge rejected the Civil Application preferred by the appellant herein.
3. The grievance of the appellant is that Civil Application has been rejected by the Learned Single Judge on the ground that the writ petition is already listed for hearing. We do not find any illegality in the order passed by the Learned Single Judge. However, the interest of justice demands that the writ petition of the appellant should be decided expeditiously as the term of the Sarpanch of the village is to expire on 24.4.2012. Therefore, we dispose of this Letters Patent Appeal with a request to the Learned Single Judge to decide the writ petition filed by the appellant expeditiously after hearing learned counsel for the parties, preferably within a period of one month, subject to His Lordship's convenience.
4. In view of disposal of main appeal, Civil Application does not survive and it is accordingly disposed of.
Sd/-
[V.
M. SAHAI, J.] Sd/-
[A.
J. DESAI, J.] Savariya Top