Heard Mr.D.D.Vyas, learned Senior Advocate with Mr.Dhaval D. Vyas, learned advocate advocate for the petitioner. It is submitted by the learned Senior Advocate that the impugned communication dated 28.02.2012 issued by the Collector flies in the face of the interim order dated 05.09.2011 passed by the Secretary (Appeals), Revenue Department, whereby status-quo has been granted against the order of the Collector dated 02.07.2011. It is further submitted that even though the above-mentioned order of the Collector has been stayed, the Collector, by the impugned communication is citing that order as a reason for filing the application by the petitioner. It is further submitted that before passing the impugned order, no opportunity of hearing has been granted to the petitioner, thereby violating the principles of natural justice. It is further contended by the learned Senior Advocate that in spite of the order of the status-quo, a compound wall has been demolished and a mutation entry has been changed.
Issue Notice returnable on 10.05.2012.
The implementation, execution and operation of order dated 28.02.2012 passed by the Collector, Kutch, shall remain stayed till then.
The learned Assistant Government Pleader may take instructions by the next date of hearing.
In addition to the normal mode of service, Direct Service, today, is also permitted.
(Smt.
Abhilasha Kumari, J.) Gaurav+ Top