1. This petition, under Article 226 of the Constitution of India, has been filed, with the following prayers:
"(A) Your Lordships may be pleased to admit and allow this petition;
(B) Your Lordships may be pleased to issue a appropriate writ, order of direction and quashed and set aside the impugned order Annexure-F dated 23/12/2010 passed by the Ld. Secretary, Revenue Department (Appeals) (respondent no.4) below in junction application in Revision Application No.MVV/BKP/AMD/5/2008.
(C) Pending hearing and till final disposal of this petition, Your Lordships may be pleased to stay the implementation, operation and execution of the impugned order Annexure-F dated 23/12/2010 passed by the Ld. Secretary, Revenue Department (Appeals) (respondent no.4) below in junction application in Revision Application No.MVV/BKP/AMD/5/2008 and the order dated 29/6/2008 passed by the Ld. District Collector, Ahmedabad in LB/Appeal No.48/2007.
(D) Any other relief deemed just and proper may please be granted in the interest of justice."
3. At the outset, Mr.Jigar P. Raval, learned advocate for the petitioners, submits that the petition is directed against an interim order passed by the Secretary (Appeals), Revenue Department, whereby the application for grant of stay filed by the petitioners pending the Revision application, has been rejected. It is stated by Mr.Raval, learned advocate that the interest of justice would be met, if the the petitioners are permitted to file the application for early hearing of the Revision Application and the Secretary (Appeals), Revenue Department is directed to consider and decide the same, within a time-bound period.
4. Upon the above statement being made by the learned advocate for the petitioners, the following order is passed:
In the event that the petitioners file an application for early hearing of Revision Application No.MVV/BKP/AMD/5/2008 that is pending before the Secretary (Appeals), the Secretary (Appeals) shall consider and decide the same, in accordance with law, taking into consideration the factual background of the matter. The decision upon the application for early hearing shall be rendered within a period of three months, from the date of filing thereof.
5. The petition is disposed of, in the above terms, without entering into the merits of the case.
Direct Service of this order, is permitted.
(Smt.
Abhilasha Kumari, J.) rakesh/ Top