1. Rule.
Mr. Ronak Raval, learned Assistant Government Pleader waives notice of Rule on behalf of respondent Nos. 1 and 2 and Mr. Vikram J. Thakor, learned Advocate waives notice of Rule on behalf of respondent Nos. 3 and 4.
2. As the present petition is filed against non grant of interim relief in pending Revision Application by Secretary, Revenue, (Appeals), with consent of the parties the petition is taken up for final disposal forthwith.
3. As the aforesaid petition arises out of interim order, the learned Counsel Mr. Nachiket Dave, appearing for the petitioners and Mr. Vikram J. Thakor, learned Counsel appearing for the private respondent Nos. 3 and 4 candidly submitted that instead of considering the contentions raised by the petitioners in the present petition, this Court may without recording reasons dispose of this petition by directing the parties to maintain status-quo pending the Revision Application being Revision Application No.M.V.V./HKP/ST/75/2010 before Secretary, Revenue, (Appeals).
4. Considering the request made by both the learned Counsels as the Revision Application is pending before the Secretary, Revenue, (Appeals), interest of justice would be served by directing both the parties i.e. petitioners and respondent Nos. 3 and 4 to maintain status-quo as on today till the application is finally disposed of by Secretary, Revenue, (Appeals). It would be open for the petitioners as well as respondent Nos. 3 and 4 to file appropriate application to expedite the hearing of the Revision Application pending before Secretary, Revenue, (Appeals). If any such application is preferred by the parties, the Secretary, Revenue (Appeals) shall decide such application and pass appropriate orders on such application and fix the matter as per the convenience of the Secretary, Revenue, (Appeals) as early as possible.
5. It is made clear that the aforesaid direction is issued considering the prima facie case and Secretary, Revenue, (Appeals) shall decide the Revision Application on its own merits without being influenced by the impugned order as well as the order made in the present petition. It would also be open for the petitioners as well as respondent Nos. 3 and 4 to raise all contentions available to them before the Secretary, Revenue, (Appeals).
6. With this observation, the petition is partly allowed. Rule made absolute to the aforesaid extent with no order as costs.
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(R.M.
Chhaya, J.) M.M.BHATT Top