(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR) This appeal is directed against the order of the learned Single Judge, by which the learned Single Judge admitted the writ petition filed by respondent Nos.1 to 3 herein. The learned Single Judge, while admitting the matter, granted the order of status-quo and stayed the further proceedings before the Deputy Collector.
The issue involved in the writ petition is in connection with condonation of delay of more than 34 years in filing the appeal before the Deputy Collector. Said appeal is filed by the present appellants. The Deputy Collector condoned the delay. Said order was challenged before the Gujarat Revenue Tribunal. The Gujarat Revenue Tribunal also dismissed the revision application, against which the writ petition was filed by the respondent no.2 before the learned Single Judge.
The learned Single Judge admitted the writ petition on the ground that arguable point is involved and has granted status-quo and also passed an order that the Deputy Collector may not proceed further with the matter.
Learned Senior Counsel, Mr.S.N.Shelat appearing for the original respondents in the writ petition argued that in case if the writ petition is dismissed after some years, the proceeding will be required to be again started before the Deputy Collector on merits. It is further argued by Mr.Shelat that in order to balance the equity, the order of the learned Single Judge may be modified to the extent that the Deputy Collector may proceed with the appeal, but may not pronounce the judgment till the Special Civil Application is decided by the learned Single Judge.
In our view, the order passed by the learned Single Judge, which is purely an interlocutory order, is not required to be disturbed by us, at this stage, in this appeal. We request the learned Single Judge to dispose of the Special Civil Application, as it involves a short point of limitation as early as possible and in any case by 31.10.2012. In case, the hearing of the Special Civil Application is delayed, it will open for the appellants herein to file appropriate civil application before the learned Single Judge requesting the same prayer which is made before us i.e. that without prejudice to the rights and contentions of both the sides, the Deputy Collector may be permitted to proceed with the matter, but may be asked not to deliver the judgment.
If any such application is preferred, the learned Single Judge may consider the same in accordance with law after hearing both the sides and as deemed fit. On this aspect, we are not expressing any opinion at this stage in this behalf.
Subject to what is stated hereinabove, present Letters Patent Appeal stands disposed of.
In view of order passed in main Letters Patent Appeal, Civil Application No.7695 of 2012 does not survive and stands disposed of accordingly.
(P.
B. MAJMUDAR, J.) (MOHINDER PAL, J.) (vipul) Top