1. Mr.Apurva R. Kapadia, learned advocate for the petitioner, states that he may be permitted to join the State of Gujarat, through the concerned Secretary and the Secretary, Revenue Department (Appeals), as party respondents Nos.15 and 16.
2. Permission to do so, is granted. The necessary amendment be carried out, forthwith.
3. Heard Mr.R.S. Sanjanwala, learned Senior Advocate with Mr.Apurva R. Kapadia, learned advocate for the petitioner. It is submitted by the learned Senior Advocate that while passing the impugned order dated 25.07.2011 (26.07.2011), the petitioner was joined as party respondent by allowing his application. However, by the same order, stay has been granted in favour of respondent No.1 without granting an opportunity of hearing to the petitioner to make submissions against the grant of stay.
4. It is further submitted that the petitioner, thereafter, made an application for vacation of the interim order. Instead of issuing notice upon the said application and calling upon the respective parties to make their submissions, an informal communication dated __.01.2012 signed by some person on behalf of the Secretary has been issued to the petitioner, wherein it is stated that, as the stay order was granted after hearing the parties, the same cannot be vacated, and if the petitioner is aggrieved, he can approach the appropriate Court. It is contended that the petitioner has not been heard before the stay order was granted, nor before passing the order on his application for vacation of the interim relief. As a quasi-judicial authority, notice ought to have been issued and the parties heard before passing a formal order.
Neither the petitioner nor the respondents have been heard before issuing the said communication.
5. Issue Notice, returnable on 09.05.2012.
6. By way of ad-interim relief, it is directed that the impugned order dated 25.07.2011 (26.07.2011) and the impugned communication dated ___.01.2012 shall remain stayed, till then.
7. In addition to the normal mode of service, Direct Service is also permitted.
(Smt. Abhilasha Kumari, J.) rakesh/ Top