Gujarat High Court
Ishwaria Ganot Sahakari Agriculture ... vs State Of Gujarat Through Secretary on 1 October, 2018
Author: Harsha Devani
Bench: Harsha Devani
C/SCA/11205/2010 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11205 of 2010
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ISHWARIA GANOT SAHAKARI AGRICULTURE MANDLI LTD THROUGH
Versus
STATE OF GUJARAT THROUGH SECRETARY
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Appearance:
MR NIRAV C THAKKAR(2206) for the PETITIONER(s) No. 1
DS AFF.NOT FILED (R)(71) for the RESPONDENT(s) No. 1
MR UTKARSH SHARMA, ASSISTANT GOVERNMENT PLEADER(1) for the
RESPONDENT(s) No. 1
RULE SERVED BY DS(65) for the RESPONDENT(s) No. 2,3,4
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CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI
Date : 01/10/2018
ORAL ORDER
1. Mr. Nirav Thakkar, learned advocate for the petitioner has submitted that this petition is directed against an order dated 23.6.2010 passed by the Secretary, Revenue Department (Appeals), Ahmedabad on the stay application filed by the petitioner seeking stay of the order dated 31.7.2009 passed by the Collector, Porbandar. It was submitted that during the pendency of this petition, the main revision application has been decided by the Secretary, Revenue Department and that such order has been challenged by the petitioner and others before this court and that the writ petitions are still pending adjudication. It was submitted that, therefore, this petition against an interim order refusing to grant stay, no longer survives and has become infructuous.
2. In the light of the above, the petition is disposed of as Page 1 of 2 C/SCA/11205/2010 ORDER having become infructuous, leaving it open for the petitioner to raise all available contentions including the contentions raised in the present petition, in the writ petition filed against the final order of the Secretary, Revenue Department. Rule is discharged with no order as to costs.
(HARSHA DEVANI, J) Z.G. SHAIKH Page 2 of 2