Bochasanvasi Shri Akshar Purshottam Sanstha vs Gopinathji Dev Mandir Trust and Others

Abhilasha Kumari, J.—Rule. Mr. Sandip M. Patel for B.S. Patel, learned Counsel, waives service of rule on behalf of respondents Nos. 1 and 2, Ms. Sangita Vishen, learned Assistant Government Pleader waives service of rule on behalf of respondents Nos. 3 and 4 and Mr. Harin P. Raval, learned Counsel waives service of rule on behalf of respondent No. 5.

This application has been filed by the applicant, who is the original respondent No. 4 in Special Civil Application No. 6552 of 2007, with a prayer to direct the Registry to circulate the aforesaid Special Civil Application for hearing, as expeditiously as possible.

This Court has heard Mr. S.N. Shelat, learned senior advocate for MR D.C. Dave for the applicant, Mr. Sandip M. Patel for B.S. Patel, learned Counsel for the Respondents Nos. 1 and 2, Ms. Sangita Vishen, learned Assistant Government Pleader for respondent No. 3 and 4 and Mr. Harin P. Raval, learned Counsel for respondent No. 5 and has gone through the averments made in the Civil Application. No objection has been raised by the learned Counsel for the respondents to the prayer made in the application.

It is stated in paragraph 2 of the Application that the Letters Patent Appeals Nos. 122 of 2007 and 123 of 2007, arising out of cognate writ petitions have now been disposed of, vide order dated 30-11-2007 by a Division Bench of this Court, by rejecting the above mentioned Letters Patent Appeals and, therefore, since no steps have been taken by the respondents Nos. 1 and 2 of Special Civil Application No. 6552 of 2007 for filing a Note for fixing the matter for hearing, the applicant has filed a note dated 4-1-2008 in the Registry, requesting for placement of the said writ petition for hearing before the court. A perusal of the order dated 24-9-2006 of this Court (Coram Ravi R. Tripathi, J) makes it clear that the Special Civil Application No. 6552 of 2007 was adjourned sine die and was to be placed on board after the disposal of the Letters Patent Appeal No. 122 of 2007 in Special Civil Application No. 15460 of 2006, with Letters Patent Appeal No. 123 of 2007 in Special Civil Application No. 14517 of 2006, upon a note being filed by the learned Counsel for the petitioners. It is submitted by Mr. S.N. Shelat, learned senior advocate for the applicant that now the above mentioned Letters Patent Appeals have been rejected vide order dated 30-11-2007 of the Division Bench of this Court (Coram: M.S. Shah and K.A. Puj, JJ) and, therefore, the Special Civil Application No. 6552 of 2007 is ripe for hearing. However, since no steps are being taken by the opponents Nos. 1 and 2, who are the petitioners in Special Civil Application No. 6552 of 2007,for filing a note in pursuance of order dated 24-9-2007, the present note has been filed by the applicant. It is further submitted that since there is urgency in the matter and the writ petition is ripe for hearing after the disposal of the said Letters Patent Appeals this Court may grant the prayer made in the application.

In view of the submissions of Mr. S.N. Shelat, learned senior advocate for the applicant and in view of the averments made in the Civil Application, and since, after the rejection of the Letters Patent Appeals, the learned Counsel for the respondents Nos. 1 and 2 (original petitioners) has not filed a note for listing of the Special Civil Application, due to which, the matter is kept pending, in the view of this Court, the interest of justice would be met if the prayer made in the application is granted. Even otherwise, there is no apparent reason to keep the petition pending indefinitely.

Accordingly, the application is allowed. The Registry is directed to list Special Civil Application No. 6552 of 2007 for hearing before the court on 12-2-2008. Rule is made absolute. There shall be no orders as to costs.