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Chandrika Keshavdas Hakhani vs Riddhi Siddhi Cooperative

High Court Of Gujarat|26 September, 2013
1. Both these matters are heard together.
2. It appears from the record that Special Civil Application No.10427 of 2013 under Article 226 of the Constitution of India is filed by the petitioner challenging the order dated 16/17th May 2013 passed by the respondent No.2 in Revision Application No.MVV/BKHP/BHVP/5/2012, whereby, injunction prayed for in the aforesaid revision application, was not granted, but at the same time, final hearing of the revision application was fixed on 1.7.2013.
3. In the aforementioned revision application, the challenge was to the order dated 21.5.2013 passed by the District Collector, Bhavnagar.
4. On 5.7.2013, following order was passed in Special Civil Application No.10427 of 2013 (Coram : Hon'ble Ms.Justice Harsha Devani):
Heard Mr. B. M. Mangukiya, learned advocate for the petitioner.
Issue Notice, returnable on 23rd July, 2013.
By way of ad-interim relief, the order dated 21.5.2012 passed by the Collector (Annexure-B to the petition), is hereby stayed.
Direct service is permitted.
5. During the pendency of the above writ petition being Special Civil Application No.10427 of 2013, Civil Application No.10113 of 2013 in Special Civil Application No.10427 of 2013 is filed by the aggrieved party-applicants-original respondent Nos.3 and 4, for vacating interim relief in whose favour the order dated 21.5.2012 passed by the Collector, granted by this Court on 5.7.2013.
6. Heard learned advocates for the parties.
7. On perusal of the record of the case and submissions made by learned advocates appearing for the parties as such, are ad idem that revision application is pending before the Revisional Authority namely, the Secretary (Appeals), State of Gujarat and therefore, Mr.Hriday Buch, learned advocate for the applicants-original respondent Nos.3 and 4 has reservation about ad-interim relief granted by this Court on 5.7.2013 to the order dated 21.5.2012 passed by the Collector, Bhavnagar. But in the interest of justice, I deem it just and proper to direct the parties to maintain status quo qua the subject land and the Revisional Authority shall decide the revision application as expeditiously as possible, preferably before 31st December 2013. Till then, status quo qua the subject land shall be maintained by the parties.
8. Both the Civil Application and Special Civil Application are disposed of accordingly.
(ANANT S.DAVE, J.) chandresh Page 3 of 3
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