( 1 ) SERVICE of notice of appeal on behalf of respondent No. 1-Bhavnagar Municipal corporation. Mr. S. P. Hasurkar, learned A. G. P. , waives service of notice of appeal on behalf of respondent Nos. 2 and 3. By consent of the Counsel appearing in the matter, the Appeal is fixed forthwith.

( 2 ) THE present appeal is filed by the appellant-original petitioner-Municipal nokariyat Mandal challenging the order passed by the learned single Judge dated 9-7-2004 in Special Civil Application No. 8100 of 2004 only in respect of not protecting by way of granting ex pane relief prayed for in paragraph 7 (c) of the petition while issuing notice, which was made returnable on 9-8-2004. While filing this Letters Patent Appeal, the appellant original petitioner has also annexed the copy of the order passed by the learned single Judge and the copy of the petition filed by the appellant-petitioner being special Civil Application No. 8100 of 2004 with annexures attached to the said petition.

( 3 ) IN the petition, the petitioner has prayed for relief for issuance of writ of mandamus or a writ in the nature of mandamus or any other appropriate writ or direction by seeking to take action against the r

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