1. This petition under Article-226 of the Constitution of India has been preferred, with the following prayers :
"(A) Your Lordships be pleased to allow this petition and issue writ of certiorari or any other appropriate writ and quash and set aside the order dated 30-4-2011 [sent on 09-5-2011] (Annexure-A) rejecting the request to grant the stay of order dated 29-3-2010 in Revision Application No.M.Vi.Vi./BaKaPa/BhaCha/5/10 till the final disposal of the said main Revision Application and grant the stay of the aforesaid order-Annexure-C in the interest of justice and equity.
(B) YOUR LORDSHIPS be pleased to stay the implementation, execution and operation of the impugned orders Annexure-A and C during the pendency of admission of this petition and then, till the final disposal of this petition.
(C) YOUR LORDSHIPS be pleased to grant any other just and proper relief in the interest of justice and equity."
2. The petitioner has preferred a Revision Application before the Secretary, Revenue Department against the order dated 29.03.2010 of the District Development Officer, Bharuch, which is pending final adjudication. In the meanwhile, the petitioner preferred an application for grant of interim stay, that has been rejected by the impugned order dated 09.05.2011, giving rise to the filing of the petition.
3. At the outset, Mr.Kashyap R. Joshi, learned advocate for the petitioner submits that the interest of justice would be met, if the petitioner is permitted to make an application for early hearing of the Revision Application before the Secretary, Revenue Department, which may be directed to be considered and decided, as expeditiously as possible.
4. Upon the above statement being made by the learned advocate for the petitioner, the following order is passed :
The petitioner is at liberty to make an application for early hearing of the Revision Application preferred by him, being Revision Application No.5/2010. In the event that the application for early hearing is preferred by the petitioner, the Secretary, Revenue Department (respondent No.3) shall consider and decide the same, in accordance with law, as expeditiously as possible, considering that the application for grant of interim relief has been rejected.
The petition is disposed of, in the above terms, without entering into the merits of the case.
Direct service of this order is permitted.
(Smt.
Abhilasha Kumari, J.) ~gaurav~ Top