Heard Mr.Asit B.Joshi, learned advocate for the applicant (original petitioner).
It is submitted that this Court, vide order dated 14.02.2012, has granted ad-interim relief by staying the implementation, execution and operation of the order dated 21.11.2011 (24.11.2011), passed by the Additional Secretary (Appeals), that has been impugned in the main petition. It is further submitted that the order of the Assistant Collector dated 20.04.2002, as also the order of the Collector, Junagadh, dated 23.01.2006, have now merged with the order of the Additional Secretary (Appeals). In spite of the fact that the ad-interim relief granted by this Court is still in existence and operation as of date, respondent No.5 attempted to implement the order dated 20.04.2002, passed by the Assistant Collector, Junagadh, by issuing a notice dated 12.07.2012, under Section 135D of the Gujarat Land Revenue Code, 1879, for mutation of Revenue Entry No.979, in favour of the State Government. It is further submitted that the applicant immediately submitted objections dated 30.07.2012 to the Mamlatdar pointing out that as on that date, the order of the High Court granting ad-interim relief was in operation, therefore, Revenue Entry No.407 in favour of the applicant-petitioner should not be altered. Ignoring the objections of the applicant, respondents Nos.4 and 5 have violated the ad-interim order dated 14.02.2012, of this Court and certified Revenue Entry No.979 dated 22.06.2012, on 08.10.2012. Subsequently, respondents Nos.4 and 5 have also altered the Revenue Entry in the Village Form No.7/12 and 8A by mutating the land in question in favour of the State Government, which is in contravention of the ad-interim order granted by this Court.
Issue Notice returnable on 18.01.2013.
The concerned respondents may file their affidavits-in-reply on, or before, that date. Respondents Nos.4 and 5 shall also remain personally present before this Court on the next date of hearing.
In addition to the normal mode of service, Direct Service is also permitted.
(SMT. ABHILASHA KUMARI, J.) (sunil) Page 3 of 3