1. This petition, under Article 226 of the Constitution of India, has been preferred, with the following prayers:
"(A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus/certiorari or any other appropriate writ, order or direction to quash and set aside the impugned order dated 09-06-09, passed by the District Collector Banaskantha (Annexure-"A") as the same is arbitrary illegal null and void.
(B) YOUR LORDSHIPS may be pleased to stay the further execution, operation and implementation of the order dated 09-06-09, passed by the District Collector Banaskantha (Annexure-"A"), pending admission, hearing and final disposal of the present petition.
(C) YOUR LORDSHIPS may be pleased to grant any other and further relief as think fit and proper in the facts and circumstances of the case and in the interest of justice."
2. Pursuant to notice being issued, an affidavit-in-reply has been filed on behalf of respondent No.1. It transpires from the record that against the impugned order of the Collector dated 09.06.2009, the petitioners have preferred a Revision Application, that is registered as Revision Application No.MVV/JMN/BNS/62/2009, and is pending before the Secretary (Appeals), Revenue Department.
3. It is stated by Mr.Y.M. Thakkar learned advocate for the petitioners that the interest of justice would be met, if the said Revision Application is directed to be decided, expeditiously.
4. Upon the above statement being made by the learned advocate for the petitioners, the following order is passed:
The Secretary (Appeals), Revenue Department (respondent No.2), shall consider and decide the Revision Application No.MVV/JMN/BNS/62/2009, as expeditiously as possible and in accordance with law, within a period of six 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.) rakesh/ Top