(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR) The appellant herein is the original petitioner who has filed Special Civil Application No.8123 of 2012 before the learned Single Judge. By the impugned order dated 25.6.2012, the learned Single Judge admitted the writ petition. However, the learned Single Judge has not granted interim relief observing that, "at this stage, the contention of the petitioner regarding insufficient stamp fees cannot be considered, as this Court is of the view that at this stage, it shall not be appropriate for this Court to be a party to the alleged fraud or misrepresentation, if any." The learned Single Judge has also observed that however, if any further proceedings are undertaken pursuant to the order of the Collector, the same shall be subject to the final order of this Court.
Learned counsel for the appellant - original petitioner has challenged the said order on the ground that once the writ petition is admitted, the learned Single Judge should have protected the possession of the appellant by granting interim relief. He further submitted that during the intervening period i.e. before this matter is moved for admission hearing, the possession is already taken away by the Collector. He further submitted that the Collector may now not proceed further regarding auctioning the said property etc.
Considering the order of the learned Single Judge and considering the subsequent development, now there is no question of protecting the possession of the appellant as he has already lost the same. However, as observed by the learned Single Judge, even if any subsequent steps are taken by the Collector, the same shall be subject to the result of the petition.
The Collector may also inform the concerned persons if the land is to be sold that such proceedings are subject to further order of the High Court and in case the petition is allowed, all subsequent steps taken by the Collector will be of no effect.
Considering the same, we do not propose to interfere with the impugned order of the learned Single Judge.
However, it will be open for the appellant to request the learned Single Judge for giving early date of hearing. If any such application is made, it is for the learned Single Judge to consider the same as deemed fit.
Subject to what is stated hereinabove, present Letters Patent Appeal stands disposed of.
In view of dismissal of main Letters Patent Appeal, Civil Application No.7278 of 2012 does not survive and stands disposed of accordingly.
(P.
B. MAJMUDAR, J.) (MOHINDER PAL, J.) (vipul) Top