This petition under Article 226 of the Constitution of India, has been preferred with the following prayers:
"A) To issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the order dated 18-1-2012 passed by the Secretary (Appeals) in the Revision Application filed by the petitioner rejecting the stay application and further be pleased to stay the execution, implementation and operation of the order dated 25.11.2010 passed by the respondent no.1 allotting land to the Jetpur Nagarpalika.
(B) Pending admission, hearing and final disposal of this petition, to stay the execution, implementation and operation of the order dated 25.11.2010 passed by the respondent no.1 Collector allotting the land to the Jetpur Nagarpalika and further be pleased to direct the parties to maintain status quo qua the land in question.
(C) The Hon'ble Court may kindly be pleased to grant any other appropriate relief as the nature circumstances of the case may require.
(D) To award the cost of this petition."
2. The petitioner is aggrieved by order dated 18-1-2012 passed by the Secretary (Appeals), Revenue Department, whereby the application for grant of stay preferred during the pendency of the Revision Application has been rejected.
3. At the outset Mr.A.R.Thakker, learned advocate for the petitioner, submits that the interest of justice would be met if the petitioner is permitted to make an application for early hearing of the Revision Application before the Secretary (Appeals) who may be directed to consider and decide the same as expeditiously as possible.
4. Upon the above statement being made by the learned advocate for the petitioner, the following order is passed:
In the event that the petitioner makes an application for early hearing of Revision Application No.MVV/JMN/RJT/49/11, within a period of four weeks from today, the Secretary (Appeals), Revenue Department shall consider and decide the same, in accordance with law, within a period of three months from the date of receipt of the application.
5 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) arg Top