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Judgment
Honourable Mr. Justice K.M. Thaker
The petitioner has taken out present petition seeking below mentioned relief:
15(B)Your Lordships may be pleased to issue appropriate writ, order or direction quashing and setting aside the new policy no.09/2010 dated 20.10.2010 at Annexure-A to this application. And Your Lordships may be pleased to issue appropriate writ, order or direction restraining the respondent corporation from taking over the possession of the petitioner''s sugarcane hawker stall at S.T. Bus Depot,. Chikhli-Navsari."
Mr. H.C.Raval, learned Advocate for respondents has submitted that a group of similar petitions has been decided by the Court by a CAV judgment dated 29.06.2011 in Special Civil Application No.777 of 2011 and other cognate matters. He has submitted that the subject matter of present petition is squarely covered by the said decision dated 29.06.2011.
The learned counsel for petitioner has not disputed the said submission.
However, learned counsel for petitioner submitted that against the said decision dated 29.06.2011several Letters Patent Appeals have been preferred and the said appeals are pending before the Division Bench.
Mr. Raval, learned Advocate for the respondents has clarified the said aspect and submitted that while it is true that various Letters Patent Appeals are pending before the Division Bench against the said decision dated 29.06.2011 and while it is also true that in some of the appeals which were filed earlier and wherein the learned Single Judge had permitted the stalls to continue, the Hon''ble Division Bench has allowed petitioner/applicant to continue the said stalls, as interim relief/arrangement. However, in the petitions which came to be filed subsequently, such relief has not been granted. He also submitted that the operation of the judgment dated 29.06.2011 is not stayed.
So far as present case is concerned, it is not in dispute that as of now the petitioner has been discontinued and is not allowed to continue his stall in view of the policy decision impugned in present petition. So far as the legality of the said policy decision is concerned, it has been decided by the said judgment dated 29.06.2011 which is subject matter in the appeals before the Hon''ble Division Bench.
In this view of the matter, the learned counsel for the petitioner submitted that present petition maybe adjourned until the date on which the Division Bench decides the appeals.
Having regard to the submissions made by Mr. Raval, learned Advocate for respondent Corporation and also having regard to the fact that the appeals are pending before the Hon''ble Division Bench and also upon considering the fact that the operation of the judgment is not stayed and in subsequently filed appeals any relief to permit the appellants to continue the stalls within the premises and precincts of the Corporation is not granted, present petition is disposed of with below mentioned order and clarification:
At this stage, present petition is disposed of in view of the order dated 29.06.2011 in Special Civil Application No.777 of 2011.
However, liberty in favour of the petitioner is reserved to revive present petition after the decision by the Division Bench in the group of appeals provided the said decision is rendered in favour of the appellants/petitioners.
In that event, it would be open to the petitioner to file appropriate note in the Registry with a request to revive the petition and the petition would accordingly stand revived. It is clarified that such option will be available to the present petitioner only if the order by the Division Bench is passed in favour of the concerned appellants/petitioners. Otherwise, present petition shall stand and remain disposed of in light of the order dated 26.09.2011.
Orders accordingly.
Notice discharged. No costs.