JUDGMENT :

VINEET KOTHARI, J.

1. This Intra Court Appeal has been filed against the Order and Judgement of learned Single Judge dated 21.2.2011 dismissing the Special Civil Application No. 14239 of 2010 filed by the Appellant-Patel Nathabhai Ranchhodbhai, Bedipara, Ranchhodnagar Society, Rajkot and Labhuben S.Korat, D/o Ranchhodbhai vs. (1) State of Gujarat, (2) The Rajkot Urban Development Authority (3) The Town Planning Officer, Rajkot, (4) Collector and Private Respondent No.5 Ishwarbhai Savjibhai Patel (6) Hasmukbhai Savjibhai Patel (7) Kishorbhai Savjibhai Patel. The learned Single Judge has dismissed the Writ Petition filed by the Petitioner with the following observations:

“9. Heard the learned advocates appearing on behalf of the respective parties at length. At the outset, it is required to be noted that by the present petition, which has been filed in the year 2010, the petitioners have prayed to quash and set aside the development permission granted by respondent no. 2 dated 07/10/2005 sanctioning the lay out plan in favour of respondent no. 5. Thus, as such there is a delay of five years in preferring the present petition challenging the development permission dated 07/10/