Heirs And Lrs Of Bhikhabhai Kalyanbhai ... vs State Of Gujarat on 18 February, 2019

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Gujarat High Court

Heirs And Lrs Of Bhikhabhai Kalyanbhai ... vs State Of Gujarat on 18 February, 2019

Bench: A.J.Desai

        C/SCA/3054/2019                                 ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 3054 of 2019
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       HEIRS AND LRS OF BHIKHABHAI KALYANBHAI RATHOD
                            Versus
                      STATE OF GUJARAT
==========================================================
Appearance:
MR MAULIK SONI, LD.ADVOCATE FOR MR NK MAJMUDAR(430) for the
PETITIONER(s) No. 1,1.1,1.2,1.3
MR JK SHAH, LD.AGP(99) for the RESPONDENTS.
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 CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                          Date : 18/02/2019

                           ORAL ORDER

1. Rule. Mr.J.K.Shah, learned Assistant Government Pleader waives service of Rule on behalf of the respondents.

2. By way of the present petition under Articles 14 , 226 and 227 of the Constitution of India, the petitioners have prayed as under:

"8(A) This Hon'ble Court be pleased to admit /allow this petition;

(B) Be pleased to issue appropriate writ, order or direction and be pleased to quash and set aside the order dated 24/29.10.2018 passed by the respondent no.1 - learned Special Secretary Revenue Department (Appeals), Ahmedabad passed in an application seeking interim injunction / stay order/ interim order preferred in Revision Application being No.MVV/JMN/ST/8/2017 and be pleased to direct the respondent authorities to reconsider the application of the petitioners seeking permission to sale/ transfer of the land situated at Village Sosak, Ta: Olpad, Dist.: Surat, the land Page 1 of 3 C/SCA/3054/2019 ORDER being Survey Nos.40, 47/4 being Block no.79 admeasuring 103/20 (HectorAreSq.mtrs.) under the provisions of 73AA of the Bombay Land Revenue Code and respondent no.1 may kindly be directed to reconsider the interim injunction application afresh, in the interest of justice;

(C) Be pleased to issue appropriate writ, order or direction and be pleased to direct the respondent no.1 to hear and dispose of the main Revision Application No.MVV/JMN/ ST/8/2017, in the interest of justice;

(D) Be pleased to grant interim relief and by way of interim order and be pleased to direct the respondent authorities to reconsider the interim injunction application for granting permission of sale/ transfer of the land situated at Village Sosak, Ta: Olpad, Dist.: Surat, the land being Survey Nos.40, 47/4 being Block no.79 admeasuring 103/20 (HectorAre Sq.mtrs.) under section 73AA of the Bombay Land Revenue Code, pending admission hearing and final disposal of the present petition;

(E) Be pleased to pass such orders as thought fit in the interest of justice."

3. Mr.Maulik Soni, learned advocate appearing for Mr.N.K.Majmudar, learned advocate appearing for the petitioners would submit that by impugned order the authority has refused to call for record and proceedings, as prayed for in prayer 8(iii) in the revision application filed by the petitioner. He would submit that to adjudicate the dispute in the revision application, record and proceedings produced before the authority below, are required to be examined by the revisional authority and therefore, appropriate order may be passed.

Page 2 of 3 C/SCA/3054/2019 ORDER

4. Mr.J.K.Shah, learned Assistant Government Pleader appearing for the respondents would submit that the revisional authority is bound to decide the revision application, after examining records and necessary documents with regard to the issue raised before the revisional authority.

5. In view of the above facts and the aforesaid prayers made in this petition, in my opinion, this petition requires consideration. The impugned order 24/29.10.2018 passed by respondent No.1- learned Special Secretary, Revenue Department (Appeals), in an application seeking interim injunction /stay order preferred in Revision Application No.MVV/JMN/ST/8/2017 is hereby quashed and set aside. Revisional authority before deciding the revision application No.MVV/JMN/ST/8/2017, shall call for record and proceedings from the authority below including necessary reports made by the lawyer authority for taking permission u/s.73-AA of the Bombay Land Revenue Code. It is expected that respondent No.1 - the Secretary shall decide the Revision Application No.MVV/JMN/ST/8/2017 as expeditiously as possible and preferably within a period of six months from the date of receipt of copy of this order.

6. With the above observation, this petition is disposed of. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

[A.J.DESAI,J.] *dipti Page 3 of 3

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