In fact, the petitioners have filed Civil Application NO.7425 of 2012 and has prayed for following reliefs:-
"(A) The Hon'ble Court be pleased to fix the above matter for final hearing at the earliest in the interest of justice.
Alternatively (A) The Hon'ble Court be pleased to permit the petitioner to withdraw the writ petition and relegating the petitioners to the remedy of statutory appeal as provided under the Bombay Land Revenue Code, and the appellate authority Special Secretary Revenue Department, Ahmedabad,. Be directed to decide the appeal on merits, within a time bound schedule.
(B) The Hon'ble Court be pleased to grant any other and further relief as deemed appropriate.
In stead of dealing with Civil Application, which is listed today for admission, with the consent of learned counsel appearing for the parties, main matter matter is taken up for its final disposal.
Mr.K.V.Shelat, learned advocate for the petitioners, upon instruction, states that the petitioners would like to avail alternative remedy by way of revision, as contemplated under Section 211 of the Bombay Land Revenue Code. More particularly, because of the fact that revision is maintainable.
Mr.Shelat, learned advocate for the petitioners intents to file such a revision. It is further made clear that the petition has not been examined by this Court on merits and revisional authority shall decide the said revision, if any, filed by the petitioners. The revisional authority shall consider the main revision application on its merits in accordance with law.
It is required to be noted that the petitioners has challenged the order dated 11.08.2008, passed by the District Collector before this Court by way of writ-petition, which came to be filed on 18.03.2009, and the same is pending till date. It is expected that revisional authority shall take into consideration this vital fact while dealing with the application for condonation of delay, as the petitioner was pursuing the remedy by way of this writ petition.
It is further directed that the revision filed upon application of condonation of delay, Secretary, Revenue Department (Appeals) shall hear and dispose of the said application for condonation of dealy as early as possible within a period of four weeks from the date of filing.
With these observations, the petition stands disposed of as not pressed. Direct service is permitted.
(R.M.CHHAYA,J.) Girish Top