KESHOD MUNICIPALITY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Neeraj Soni, learned Assistant Government Pleader waives service of notice of Rule on behalf of respondent No.1.

(2.) The present application has been preferred by the applicant herein original respondent No.2 to condone the delay in preferring the present application and also to review and recall the order dated 24/11/2009 passed by this Court in Special Civil Application No.10868 of 2009 and to restore the said petition on file and to hear and adjudicate the said petition along with writ petition preferred by the applicant being Special Civil Application No.8295 of 2009.

(3.) Mr.Hriday Buch, learned advocate appearing on behalf of the applicant has submitted that against the vary order impugned in Special Civil Application No.10868 of 2009, the applicant original respondent No.2 in the aforesaid Special Civil Application, had already filed one another petition being Special Civil Application No.8295 of 2009 challenging the vary order and the said Special Civil Application was filed even prior to filing of Special Civil Application No.10868 of 2009. However, before Special Civil Application No.8295 of 2009 filed by the applicant is circulated and appropriate order is obtained, in the meantime, at the admission stage itself, this Court dismissed the aforesaid Special Civil Application No.10868 of 2009 and confirmed the order passed by the District Collector. It is submitted that by the aforesaid order, Special Civil Application No.8295 of 2009 filed by the applicant has become infructuous and/or the same is affected as the vary order impugned in Special Civil Application No.8295 of 2009 is confirmed by this Court and, therefore, it has caused great prejudice to the applicant and the applicant will be non-suited without giving an opportunity to the applicant to submit his case on merits. Therefore, it is requested to review and recall the order dated 24/11/2009 passed by this Court in Special Civil Application No.10868 of 2009 and to restore the aforesaid Special Civil Application on file and to see that both the petitions are heard together.