(1) RULE.
Mr.Dhawan M. Jayswal, learned advocate for respondent No.1, and Ms.Nisha Thakor, learned Assistant Government Pleader for respondent No.2, appear and waive service of rule for the respective parties. As the matter arises out of non-grant of interim relief by the Secretary (Appeals), Revenue Department, the matter is taken up for final hearing forthwith with consent of the learned counsel appearing for the respective parties.
(2) Heard Mr.Havewalla, learned advocate for the petitioners, Mr.Dhawan M. Jayswal, learned advocate for respondent No.1, and Ms.Nisha Thakor, learned Assistant Government Pleader for respondent No.2.
(3) As stated above, the challenge in the present petition is to non-grant of interim relief and the main Revision Application No.MVV/HKP/AML/23/2009 is pending for final hearing before the Secretary, (Appeals), Revenue Department, instead of examining the matter on merits, this Court is of the opinion that interest of justice would be served if the appropriate directions are issued to the revisional authority to hear, decide and dispose of the main revision application as expeditiously as possible.
(4) Mr.Havewalla, learned advocate for the petitioners, as well as Mr.Dhawan M. Jayswal, learned advocate for respondent No.1, do not invite any reasons for not entertaining the present petition on merits.
(5) In view of the above, following directions are issued:
(i) Parties to Revision Application No.MVV/HKP/AML/23/2009 i.e. the present petitioners as well as respondent No.1 shall submit affidavits, if any, within a period of 15 (fifteen) days from the date of receipt of this order before the revisional authority and complete the pleadings within the aforesaid time;
(ii) Revisional authority is thereafter directed to fix Revision Application No.MVV/HKP/AML/23/2009 and intimate the date of hearing to the parties concerned as expeditiously as possible. Considering the fact that the revision application is of 2009, the revisional authority shall fix hearing of the said revision as expeditiously as possible, not later than 31.12.2012.
(6) With these observations, the petition is disposed of. Rule is made absolute to the aforesaid extent. There shall be no order as to costs.
(7) It is however made clear that this Court has not examined the matter on merits and the aforesaid directions are issued in the interest of justice, as stated above, the revisional authority shall decide the revision application on its own merits, after taking into consideration all contentions that are raised by the parties concerned in accordance with law, without being influenced by the present order.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Top