Kevalbhai Muljibhai Patel & 2 vs Tapiben Wd-O. Sukhabhai Muljibhai ... on 18 February, 2014

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Gujarat High Court

Kevalbhai Muljibhai Patel & 2 vs Tapiben Wd-O. Sukhabhai Muljibhai ... on 18 February, 2014

Bench: A.J.Desai

            C/SCA/2355/2014                                          ORDER




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               SPECIAL CIVIL APPLICATION NO. 2355 of 2014
============================================================
====
          KEVALBHAI MULJIBHAI PATEL & 2....Petitioner(s)
                            Versus
  TAPIBEN WD-O. SUKHABHAI MULJIBHAI PATEL & 5....Respondent(s)
================================================================
Appearance:
MR KK TRIVEDI, ADVOCATE for the Petitioner(s) No. 1 - 3
MRS HANSA PUNANI ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 6
================================================================

         CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                                Date : 18/02/2014


                                  ORAL ORDER

1.0 By way of present petition under Articles 14 and 226 of the Constitution of Indian, the petitioners have prayed as under:

8 {A} This Hon'ble Court be pleased to admit this petition;



      {B}      Your  Lordships may be pleased to issue appropriate writ, 
      order or          direction quashing and setting aside the order dated 
      4th December, 2013            ( Annexure "G" hereto) passed by the  
      respondent no.5 in Revision           Application               No.              
      MVV/HKP/ST/68/2013;


      (C)      Pending   admission,   hearing   and   final   disposal   of   this

petition, your Lordships may be pleased to grant interim/ ad Page 1 of 3 C/SCA/2355/2014 ORDER interim relief and be further pleased to stay further operation, implementation and execution of the order dated 4th December, 2013 ( Annexure"G" hereto) passed by the respondent no.5 in Revision Application No. MVV/HKP/ST/68/2013 further restraining the respondents from changing the revenue record in whatsoever manner on the basis of the order dated 30th April, 2012 ( Annexure'"D" hereto) passed by the Deputy Collector, Olpad Prant, Surat confirmed by the District Collector, Surat by order dated 10thApril, 2013 ( Annexure '"F" hereto).

(D) Your Lordships be pleased to pass any such other and/or further orders/s thought just and proper, in the interest of justice

2.0 I have heard learned Advocate, appearing for the petitioners and learned Assistant Government Pleader for the respondents. Without going into the merits of the matter the following order is passed:

Respondent No.5 The Secretary (Appeals), Revenue Department ( Appeal) is hereby directed to decide the Revision Application No. MVV/HKP/ST/68/2013 preferred by the present petitioners challenging the order dated 10.04.2013 passed by the Collector, Surat as expeditiously as possible, preferably within a period of six months from the date of receipt of this order.

Respondent No. 5 shall decide the Revision Application in accordance with law as well as without being influenced by the order dated 04.12.2013 passed by him in the stay application Page 2 of 3 C/SCA/2355/2014 ORDER preferred by the petitioners in Revision Application No. MVV/HKP/ST/68/2013 and also keeping in mind that this Court has not gone into merits of the matter.

3.0 In view of the aforesaid observations, Mr. Trivedi, learned advocate for the petitioners does not press this petition and sought permission for withdrawal of the same. Permission as prayed for is granted. Petition stands disposed of as withdrawn. Direct service is permitted.

(A.J.DESAI, J.) niru* Page 3 of 3

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