1. Heard Mr.Chirag B. Patel, learned counsel appearing with Ms.Rupal K. Thakore for the petitioners and Ms.Asmita Patel, learned A.G.P. appearing for respondent Nos.1 and 2. Though served, no one appears for respondent No.3.
2. By way of this petition under Article 226 of the Constitution of India, the petitioners have challenged order dated 13.01.2011 passed by the Additional Secretary, Revenue Department (Vivad), Ahmedabad in Revision Application No.MVV/HKP/BACH/10/10 whereby, the Additional Secretary, Revenue Department (Vivad), Ahmedabad has been pleased not to grant stay, as prayed for by the present petitioners, who are the applicants before the revisional authority in the aforesaid revision application.
3. Mr.Patel, learned counsel appearing for the petitioners does not invite for reasoned order for non-entertaining the petition on merits. However, the same would not prejudice the rights of the petitioners to take contentions that are available under the law before the revisional authority.
4. Considering the fact that the present petition is filed against non-grant of stay, the petitioners shall be at liberty to file appropriate application for expediting aforesaid Revision Application before the revisional authority-Additional Secretary, Revenue Department (Vivad), Ahmedabad.
5. If such an application is filed by the petitioners, the revisional authority shall, after hearing the petitioners, consider the same and pass appropriate orders fixing the main Revision Application No.MVV/HKP/BACH/10/10 for its final hearing as per his convenience as expeditiously as possible.
6. It is however, further directed that the revisional authority shall decide the main revision application on its own merits without being influenced by the earlier order dated 13.01.2011 passed by it as well as the present order.
7. With the above observations, the petition stands disposed of. Notice is discharged. No order as to costs.
(R.M.CHHAYA, J.) Hitesh Top