1. The learned advocate for the petitioner has moved a draft amendment. The same is granted and may be carried out, forthwith.
2. The petitioner is aggrieved by the order dated 3-1-2012 passed by Secretary (Appeals), Revenue Department whereby the application for stay moved by the petitioner along with the Revision Application filed by him, has been rejected.
3. Mr.
M.T.M. Hakim, learned advocate for the petitioner, has submitted that the Revision Application of the petitioner preferred against the order of the Collector dated 13-11-2009 has been admitted on 3-9-2011. It is submitted that the land bearing original Survey No.522B which is now registered in the Property Card as City Survey No.2536 has been used as a Kabrastan since the year 1925 as evidenced by the Mutation Entry No.2027 dated 15-9-1925, annexed at running page 16 of the Memorandum of the petition. It is further submitted that till date the entire land is being used as a Kabrastan. However, by order of the Collector dated 13-11-2009, 1080 Sq.Mts. out of the said land has been allotted by the Collector for construction of the Office of the Mamlatdar, Dhanduka. That the construction has already started in the adjoining area but not on the land in question, therefore, the petitioner apprehends that if stay is not granted or if the Revision Application is not heard and decided expeditiously, it may become infrcutuous.
3.1 Mr.M.T.M.Hakim, learned advocate for the petitioner submits that as the application for interim stay has been rejected by the said impugned order passed by the Secretary (Appeals), directions may be given to decide the Revision Application of the petitioner expeditiously.
4. Having heard the learned counsel for the petitioner and in view of the fact that the application for grant of stay has been rejected by the impugned order of the Secretary (Appeals) on 3-1-2012,and as the Revision Application of the petitioner may be rendered infructuous if it is not heard and decided expeditiously, the following order is passed:
The Secretary (Appeals), Revenue Department, is directed to consider and decide the Revision Application preferred by the petitioner being Revision Application No.3 of 2011, in accordance with law, as expeditiously as possible and not later than a period of three months from the date of receipt of a copy of this order.
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