Ghusabhai Jinabhai Bharola vs The State Of Gujarat on 9 February, 2021

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Gujarat High Court

Ghusabhai Jinabhai Bharola vs The State Of Gujarat on 9 February, 2021

Bench: A.G.Uraizee

         C/SCA/11531/2020                                    ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO. 11531 of 2020

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               GHUSABHAI JINABHAI BHAROLA & 5 other(s)
                              Versus
                 THE STATE OF GUJARAT & 7 other(s)
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Appearance:
MR N R DESAI(6504) for the Petitioner(s) No. 1,2,3,4,5,6
MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1,2,3,4,5,6
for the Respondent(s) No. 7
MR KRUTIK PARIKH AGP (1) for the Respondent(s) No. 1
MR PJ KANABAR(1416) for the Respondent(s) No. 6,7.1,7.2,7.3,7.4,7.5,7.6
RULE SERVED(64) for the Respondent(s) No. 2,3,4,5,8
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 CORAM: HONOURABLE MR. JUSTICE A.G.URAIZEE

                            Date : 09/02/2021

                             ORAL ORDER

1. Heard Mr. S.P. Majmudar, learned advocate for the petitioners, Mr. Krutik Parikh, learned AGP for respondent No.1 and Mr. P.J. Kanabar, learned advocate for respondents No.6 and 7.1 to 7.6.

2. Mr. Majmudar, learned advocate for the petitioners submits that the petitioners have challenged the notices dated 6.8.2020 and 21.8.2020 issued by the Mamlatdar and ALT, Amreli passed in Tenancy Case No.1 of 2020 before the Special Secretary, Revenue Department (SSRD) by preferring Revision Application No.HKP/AML/25 of 2020. He further submits that the petitioners have also taken out a stay application for stay of the notices issued by the Mamlatdar, Amreli in the said revision application before the SSRD. He submits that the stay application is not heard though it was filed in the month of August, 2020. It is his submission that the present petition may be disposed of by granting alternative prayer of directing the SSRD to decide the stay Page 1 of 2 Downloaded on : Wed Jan 12 07:37:03 IST 2022 C/SCA/11531/2020 ORDER application within stipulated period.

3. Mr. Krutik Parikh, learned AGP and Mr. P.J. Kanabar, learned advocate submit that they have no objection if an appropriate order is passed for considering the stay application within stipulated time.

4. In view of the above, the Special Secretary, Revenue Department is directed to decide the stay application preferred by the petitioners in Revision Application No.HKP/AML/25 of 2020 as expeditiously as possible but not later than 2 nd March, 2021 strictly in accordance with law.

5. It is clarified that this court has not examined the merits of the case and all contentions on either side are kept open. It is hoped that the contesting parties shall cooperate with SSRD in disposal of the stay application within the timeline fixed by this order.

6. The petition accordingly stands disposed of. Rule is made absolute to the aforesaid extent, however, without costs.

(A.G.URAIZEE, J) Z.G. SHAIKH Page 2 of 2 Downloaded on : Wed Jan 12 07:37:03 IST 2022

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