(Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. This Letters Patent Appeal has been filed challenging the order of learned Single Judge dated 7.3.2011 passed in Special Civil Application No. 15343 of 2010.
2. We have heard learned counsel Mr.Amit Panchal assisted by learned advocate Ms.Shivani Rajpurohit for the appellant and learned AGP Mr.N.J.Shah for the respondent-State.
3. Learned counsel Mr.Amit Panchal for the appellant has urged that the appellant is entitled for restoration of status-quo ante as the revision has been allowed and the order of the Collector dated 9.12.1996 has been set aside. We find that the revisional court by its judgment and order dated 25.7.2003/27.8.2003 has partly allowed the revision and set aside the order dated 9.12.1996 passed by the District Collector, Gandhinagar and has remanded the matter back to him to decide the same after hearing the counsel for the parties.
4. Learned counsel for the appellant states that he shall not seek any adjournment before the Collector, and the matter may be decided by the Collector expeditiously, so that, in case he succeeds, he can get back the possession, which, according to the counsel for the appellant, which is illegally taken by the authority.
5. In this view of the matter, we dispose of the appeal with a direction to the Collector to decide the Case No. TNC-JF-U-1-S.14 2/2 - VC 7263 to 7267/1996 within a period of two months from the receipt of writ of this order. The appellant shall co-operate in the hearing and shall not seek any adjournment.
6. In view of the above, the Letters Patent Appeal accordingly stands disposed of. Direct service is permitted.
(V.M.
SAHAI, J.) (A.J.DESAI, J.) syed/ Top