By way of the present petition, the petitioners have challenged order dated 10.01.2011 passed by Additional Secretary (Appeals), Revenue Department, Gujarat State, whereby the prayer for interim relief has been rejected.
Though the petitioners have prayed for wider reliefs in the present petition whereby the orders passed by the Deputy Collector and the Collector are also challenged, as the substantive revision application being Revision Application No.MVV/HKP/SANAR/41/2010 is pending for final hearing before Additional Secretary (Appeals), Revenue Department, Gujarat State, the present petition is not entertained. However, the petitioners are permitted to file an application before Additional Secretary (Appeals), Revenue Department, Gujarat State, with a prayer to expedite the final hearing of the aforesaid revision application.
Considering the issue involved in the present petition and in the pending revision application, if the petitioners file such application, the same shall be decided by Additional Secretary (Appeals), Revenue Department, Gujarat State and fix Revision Application No.MVV/HKP/SANAR/41/2010 for final hearing as per convenience of the authority as expeditiously as possible.
It is further made clear that the petition is not entertained and no opinion is expressed on the merits of the matter and the aforesaid direction to file an application and consideration of the same for fixing the main revision application is issued in the interest of justice and considering the facts of the case. It is further made clear that Additional Secretary (Appeals), Revenue Department, Gujarat State, shall deal with the main revision application on its own merits, without being influenced by this order.
With these observations, the petition is disposed of. There shall be no order as to costs.
It would be open for the petitioners to revive the petition in case of any difficulty.
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[R.M.CHHAYA, J ] *** Bhavesh* Top