Heard Mr.Jigar Gadhvi, learned advocate for the petitioner, Mr.Shital Patel, learned advocate for respondent No.1 on caveat, and Ms.Nisha Thakor, learned Assistant Government Pleader for respondent Nos.2, 3 and 4 on advance copy.
Mr.Gadhvi, learned advocate for the petitioner, on instructions, does not press this petition as the order impugned in the present petition is an interim order passed while admitting Revision Application No.MVV/HKP/MSN/79/2011. A request was made that considering the issue involved in the petition this Court may direct the Special Secretary (Appeals), Revenue Department, respondent No.4 herein, to expedite the hearing of the aforesaid revision application.
Mr.Patel, learned advocate for respondent No.1 as well as Ms.Thakor, learned Assistant Government Pleader for respondent Nos.2 to 4 have no objection if such direction is issued by this Court.
Considering the aforesaid request the Special Secretary (Appeals), Revenue Department, respondent No.4 herein, is directed to expedite the hearing of Revision Application No.MVV/HKP/MSN/79/2011 and decide and dispose of the same as expeditiously as possible, preferably by 31.12.2012. It is however made clear that the petition has not been dealt with by this Court on merits and it would be open for the parties i.e. the petitioner as well as respondent No.1 to raise all contentions that are available to them.
Respondent No.4, Special Secretary (Appeals), Revenue Department, shall decide and dispose of Revision Application No.MVV/HKP/MSN/79/2011 as per the aforesaid directions, on its own merits without being influenced by this order as well as conclusion of the order impugned dated 17/22.02.2012, as it goes without saying that the conclusion arrived at before respondent No.4 while disposing of the application of the temporary injunction is tentative in nature.
With these observations the petition stands disposed of as withdrawn. There shall be no order as to costs.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Top