This petition, under Article 226 and 227 of the Constitution of India, has been filed with the following prayers:
"(A) to allow this petition with costs;
(B) to quash and set aside the impugned order dated 18/11/2011 passed by the learned Secretary, Revenue Department (Appeals) in Revision Application No.SRD/HKP/ST/114/2011 link with Revision Application No.SRD/HKP/ST/142/2011, declaring and holding the same to be without proper exercise of revisional jurisdiction, authority and powers and also illegal, unjust and improper and accordingly grant interim stay as prayed for by the petitioners in their application for stay in the aforesaid revision Application before the learned Secretary (Appeals);
(C) to stay the execution, implementation and operation of the impugned order dated 18/11/2011 passed by the learned Secretary, Revenue Department (Appeals) in Revision Application No.SRD/HKP/ST/114/2011 link with Revision Application No.SRD/HKP/ST/142/2011, pending the hearing and final disposal of this petition;
(D) to direct the learned Secretary (Appeals) - respondent No.8 herein, in the alternative, to hear and decide finally the aforesaid Revision Applications within time bound period that may be deemed fit and proper in the facts of the case of the petitioners, pending the hearing and final disposal of this petition;
(E) to pass such other and further orders as may be deemed just and proper in the facts and circumstances of the case."
The petitioners are aggrieved by order dated 18.11.2011 of the Secretary (Appeals), Revenue Department), whereby his application for grant of interim injunction against the order of the Collector dated 05.10.2010, has been rejected by a reasoned order.
At the outset, Mr.Dhirendra Mehta, learned advocate for the petitioners, submits that the petitioners may be permitted to file an application for early hearing of the revision application filed by them, being Revision Application No.SRD/HKP/ST/114/2011, which is pending before the Secretary (Appeals), Revenue Department, who may be directed to consider and decide the same as expeditiously as possible.
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.SRD/HKP/ST/114/2011, the Secretary (Appeals), Revenue Department, shall consider and decide the same, in accordance with law, as expeditiously as possible and not later than a period of six weeks from the date of receipt thereof.
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.) (sunil) Top