Heard Mr.Vimal A.Purohit, learned advocate for the petitioners. It is submitted by him that the order of the Secretary (Appeals), Revenue Department dated 17-9-2011, rejecting the application for grant of stay during the pendency of the Revision Application, is an order on the merits of the case, rather than taking into consideration the factors for grant of interim stay. The findings recorded by the Secretary (Appeals) are of such a nature that they almost amount to a decision in the Revision Application itself.
Issue notice, returnable on 1-5-2012.
By way of ad-interim relief, it is directed that the implementation, execution and operation of the impugned order dated 17-9-2011 passed by the Secretary (Appeals), Revenue Department, is stayed till then.
In addition to the normal mode of service, direct service is also permitted.
(Smt.Abhilasha Kumari,J) arg Top