Leave to amend the cause-title, by adding the Special Secretary (Appeals), Revenue Department, as party - respondent No.5, is granted. The amendment may be carried out forthwith.
This petition, under Article 226 of the Constitution of India, has been filed with the following prayers:
"(A) This Hon'ble Court be pleased to issue appropriate writ, order or direction by quashing and setting aside the letter dtd.15.02.2011 at Annexure-A to the petition and further be pleased to order / direct Special Secretary (Disputes) Revenue Department, Gujarat Govt., Ahmedabad to adjudicate Revision Application No.1/2009 on merits, within a period of 4 months.
(B) Pending admission hearing and final disposal of this petition, this Hon'ble Court be pleased to order/ direct Special Secretary (Disputes) Revenue Department, Gujarat Govt., Ahmedabad to adjudicate Revision Application No.1/2009 on merits, within a period of 4 months.
(C) This Hon'ble Court be pleased to grant any such other and further reliefs deemed just and proper in view of the facts and circumstances of this case and in the interest of justice."
The grievance of the petitioners is that the application dated 09.01.2011, made by the petitioners for early hearing of Revision Application No.1/2009, has been rejected by communication dated 15.02.2011, on behalf of the Special Secretary (Appeals), Revenue Department, without considering the grounds raised in the application.
At the outset, Mr.J.A.Adeshra, learned advocate for the petitioners, states that the interest of justice would be met, if the petitioners are permitted to make another application for early hearing of the said revision application and the Special Secretary (Appeals), Revenue Department (respondent No.5), may be directed to consider and decide the same, in accordance with law, within a time-bound period.
Upon the above statement being made by the learned advocate for the petitioners, the following order is passed:
In the event that the petitioners make an application for early hearing of Revision Application No.1/2009, respondent No.5 shall consider and decide the same, in accordance with law, within 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