1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 423 of 2009 SRI MUNICIPAL COUNCIL H.GARH & ANR V/S SRI GOPI RAM SARAF SEVA TRUST & ORS Mr. VIJAY JAIN, for the appellant / petitioner Mr. PANKAJ SHARMA, for the respondent Date of Order : 8.5.2009 HON'BLE SHRI A.M.KAPADIA,J. HON'BLE SHRI N P GUPTA,J. ORDER ----- The main grievance of the learned counsel for the appellant is that the learned Single Judge has passed the impugned order without giving opportunity of hearing to the appellant. That factual aspect is not in dispute. It was also pointed out by the learned counsel for the appellant that the direction given by the learned Single Judge to the respondents no. 4 and 5 before learned Single Judge to finally decide the matter of approval could possibly not have been made because the matter had already been decided before passing the impugned order, but then this fact was not brought to the notice of the learned Single Judge. To this learned counsel for the present respondent submits that the writ petitioner was not even aware of the fact of matter having been decided. Be that as it may. 2 In the totality of circumstances we think it appropriate to set aside the impugned order on the ground of it having been passed without giving opportunity of hearing to the present appellant, and send the matter back to the learned Single Judge to decide the matter afresh after hearing both the sides. The parties are directed to appear before the learned Single Judge on 1.7.2009. By then, the appellant should file reply to the writ petition. The appeal accordingly stands disposed of with the above observations. ( N P GUPTA ),J. ( A.M.KAPADIA ),J. /Sushil/