Heard Mr.D.K.Puj, learned advocate for the petitioner. It is submitted by him that proceedings under Section-54 read with Section-75 of the Saurashtra Gharkhed Tenancy Settlement and Agricultural Land Ordinance, 1949, have been initiated against the petitioner after an inordinate delay of 17 years, which has not been taken into consideration by the Authority below. The Secretary (Appeals) has dismissed the Revision Application of the petitioner by impugned order dated 06.11.2012 without touching upon the aspect of delay which is against the settled principle of law enunciated by this Court in the following judgments :
(i) Bhanji Devshibhai Luhar Vs. State of Gujarat and others, reported in 2011 (2) GLR 1676.
State of Gujarat Vs. Amrutlal Hansrajbhai and others, reported in 2007 (3) GLH 743.
Ravichand Manekchand Sheth and others Vs. State of Gujarat and others, reported in 2006(2) GLR 1567.
Issue Notice returnable on 28.12.2012.
By way of ad-interim relief, it is directed that the implementation, execution and operation of the impugned order dated 06.11.2012 passed by respondent No.1 in Revision Application No.12/2006, shall remain stayed, till then.
In addition to the normal mode of service, Direct Service is also permitted.
(SMT.
ABHILASHA KUMARI, J.) Gaurav+ Page 2 of 2