1. RULE. Ms. Asmita Patel, learned AGP waives service of Rule on behalf of respondent Nos.1 to 3 and Mr. D.P. Kinariwala, learned advocate waives service of Rule on behalf of respondent No.4.
2. Considering the issue involved in the present petition and with consent of learned advocates appearing for the respective parties, this petition is taken up for final disposal forthwith.
3. Mr. D.P. Kinariwala, learned advocate for respondent No.4 states that he has filed Vakalatnama in the registry.
4. Considering the fact that the present petition is filed against the order passed on application for stay filed by the present petitioner and also considering the fact that the contention of the petitioner is that the permission so granted dehors the building regulations, interest of justice would be served if the proper directions are issued to the respondent revisional authority to fix the main matter as expeditiously as possible.
5. In view of the above, the petitioner shall file an application before the Secretary, Revenue Department (Appeals) to expedite the main Revision Application No. MVV/JMN/SNR/9/2011 pending before it. The Secretary, Revenue Department (Appeals) is hereby directed to decide the said application after hearing the petitioner as well as respondent No.4 and fix the aforesaid main Revision Application more particularly considering the fact that the construction as per AnnexureRI to the affidavit in reply is completed and also taking into consideration the fact that before any equities are created in favour of third party in order to avoid any further litigation, fix the main Revision Application as expeditiously as possible.
6. With these observations, the petition is disposed of. Rule is made absolute only to the aforesaid extent with no order as to costs. Direct service is permitted.
[R.M.CHHAYA, J.] mrpandya