SCA/12194/1994 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 12194 of 1994 For Approval and Signature: HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= DAKSHESBHAI J KHATRI & 3 - Petitioner(s) Versus A'BAD MUNI. CORPN., & 2 - Respondent(s) ========================================================= Appearance : NOTICE UNSERVED for Petitioner(s) : 1,3 - 4.NOTICE SERVED for Petitioner(s) : 2, MR PRASHANT G DESAI for Respondent(s) : 1 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE K.M.THAKER Date : 11/01/2008 ORAL JUDGMENT By way of this petition, the petitioners have challenged Resolution No. 743 dated 19.3.1994 passed by the respondent Corporation and have also challenged the notices issued by the respondent SCA/12194/1994 2/4 JUDGMENT Corporation pursuant to the said resolution dated 18.3.1994. The petitioners have stated that by the impugned resolution the respondents revised-enhanced the charges for advertisements on private premises at unreasonable and arbitrary rates. 2. In the subject petition, notice was issued by an order dated 21.12.1994. Subsequently, by an order dated 17.2.1995, the petition came to be admitted, however by the same order [Hon'ble Mr. Justice R.K. Abichandani, as His Lordship then was] the prayer for interim relief was rejected. While rejecting the prayer for interim relief, this Court, in the said order dated 17.2.1995, observed as under; “......Therefore, prima facie a Municipal Corporation is empowered to raise rate of fees and there is no case made out for staying the operation of the impugned resolution on the grounds alleged. Prayer for interim relief is therefore rejected.” SCA/12194/1994 3/4 JUDGMENT Now, since last 13 years the petition has been pending. The cause list repeatedly shows that the notices issued to the petitioners, after the sad demise of the petitioners' advocate, have remained unserved. In view of the said remarks in the cause list, by an order dated 4.12.2007, it was directed that fresh notices be issued to the petitioners and after the said order the notices qua petitioners No. 1, 3 and 4 had remained unserved, and qua petitioner No.2 the same has been served. Nobody has entered appearance despite earlier adjournments and the petition is not being prosecuted. 3. In view of the said facts, it appears that the petitioners have lost interest or have given up the cause for the subject petition since the notices remain unserved. During the interregnum, no one has entered appearance on behalf of the petitioners. Since the prayer for interim relief was rejected by an order dated 17.2.1995, the impugned resolutions must have been implemented by the respondent corporation and in past 13 years further changes also must have taken place. SCA/12194/1994 4/4 JUDGMENT 4. Under the circumstances, it appears that the subject petition has become infructuous, particularly in absence of any interim relief. Since the petitioners have subsequently not cared to attend the subject petition and/or to pursue their interests, the cause of action does not appear to be surviving. Under the circumstances, the petition is disposed of as having become infructuous with a clarification that if the cause of action or any dispute or grievance of the petitioners survive and they want to pursue the petition, it will be open for them to request for revival of the subject petition within reasonable time. With the aforesaid observation and clarification, the petition is disposed of as infructuous. Rule is discharged. No costs. [ K.M. Thaker, J. ] rmr.