1. This petition under Article 226 of the Constitution of India, has been preferred with the following prayers:
"(A) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the order dtd.29.11.2011/2.12.2011 passed by the Secretary, Revenue Department (Appeals), Ahmedabad and the order dtd. 10-7-2008 passed by the Deputy Collector, Surat and further be pleased to stay the operation, implementation and execution of the Entry No.4981 dtd. 29.12.2004 of the land bearing Block No.52B of Mouje Takarma, Tal. Olpad, Dist. Surat;
(B) Pending admission, hearing and final disposal of the present petition, Your Lordships may be pleased to stay the operation, implementation and execution of the Entry No.4981 dtd. 29.12.2004 of the land bearing Block No.52B of Mouje Takarma, Tal. Olpad, Dist. Surat;
(C) Be pleased to pass such other and further relief as may be deemed fit by Your Lordships in the facts and circumstances of the case and in the interest of justice."
3. The petitioner has assailed the interim order dated 29-11-2011 (2-12-2011) passed by the Secretary (Appeals), Revenue Department whereby, application for grant of interim relief has been rejected, during the pendency of the Revision Application. It also transpires that a Civil Suit has been filed by the petitioner, which is pending before the Civil Court.
4. At the outset, Mr.Utpal M.Panchal, 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 filed by him before the Secretary (Appeals), Revenue Department, which may directed to be considered and decided, expeditiously.
5. Upon the above statement being made by the learned advocate for the petitioner, the following order is passed:
In the event that the petitioner makes an application for early hearing of Revision Application No.MVV/HKP/ST/3/11 that is pending before the Secretary (Appeals), the Secretary (Appeals) shall consider and decide the same, in accordance with law, taking into consideration the factual background of the matter. The decision upon the application for early hearing shall be rendered within a period of three months, from the date of filing thereof.
6. 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) arg Top