VANKAR VIRSINH KHUSHALBHAI Vs. COLLECTOR

JUDGEMENT

(1.) RULE. Mr.M.R. Mengde, learned Assistant Government Pleader waives the service of notice of rule on behalf of the opponents.

(2.) Present application has been preferred by the applicant - original petitioner to restore the main Special Civil Application which came to be dismissed for non-prosecution vide order dtd.29/2/2010, as though the matter was called out twice on that day the learned advocate appearing on behalf of the petitioner remained absent.

(3.) Having heard the learned advocates appearing on behalf of the respective parties and considering the averments in the application and subject to payment of cost, which is quantified at Rs.1000=00 to be deposited by the petitioners with the Registry of this Court within a period of three weeks from today and on an assurance given by Mr.Japee, learned advocate appearing on behalf of the applicant - original petitioner that as and when in future the main Special Civil Application is taken up for hearing, he will make himself available and shall not ask for any adjournment, the application is allowed. Special Civil Application No. 13949 of 2009 is restored to file. On deposit of aforesaid amount, registry to transmit the same to the Gujarat High Court Legal Services Committee. If the aforesaid amount of cost is not deposited within the stipulated time stated hereinabove, present application be treated as having been dismissed. Rule is made absolute to the aforesaid extent. No costs.