(Per : HONOURABLE MR.JUSTICE V. M.
SAHAI)
1. We have heard learned counsel Mr.S.M.Shah assisted by learned advocate Mr.Vivek Mapara for the appellants, learned counsel Mr.S.P.Majmudar for the respondents No.1 to 6, learned Senior Counsel Mr.Mihir Thakore assisted by learned advocate Mr.Tattvam Patel for the respondents No.7.1 to 7.8 and learned AGP Mr.N.J.Shah for the respondents No.8, 9 and 10.
2. Two revision applications were filed by the present appellant under the provisions of Section 211 of Bombay Land Revenue Code, 1879 before the Special Secretary wherein interim order was not granted and the applications were fixed for further hearing. The refusal of interim order was challenged before the learned Single Judge and the learned Single Judge dismissed the writ petition.
3. Having heard learned counsel for the parties, we have granted interim order on 11.1.2012 directing the parties to maintain status-quo. However, learned counsel appearing for the parties agreed that, interest of justice would be served if a direction be issued to the Special Secretary to decide the Revision Applications No.2/11 and 3/11 within a period of six weeks.
4. In view of above, the Special Secretary is directed to decide Revision Applications No.2 of 2011 and 3 of 2011 within a period of six weeks from the date of receipt of writ of this order. The Special Secretary shall decide both the revisions afresh, on its own merits and shall not be influenced by the observations made by the learned Single Judge or by this Court as we have not entered into the merits of the case. Till disposal of the aforesaid revision applications, the parties are directed to maintain status-quo. In view of the consent of the parties, the order dated passed by learned Single Judge cannot be maintained and accordingly it is set aside.
5. With the aforesaid directions, this Letters Patent Appeal is disposed of.
6. In view of disposal of main appeal, Civil Application No.131 of 2012 does not survive and accordingly it is dismissed.
(V.M.
SAHAI, J.) (A.J.DESAI, J.) syed/ Top