This petition, under Articles 226 and 227 of the Constitution of India, has been preferred with the following prayers:
"(A) This Hon'ble Court may be pleased to issue writ of certiorari or any appropriate writ, order or direction and be pleased to quash and set aside the order of Respondent No.1 dated 5.1.2012 (dispatched on 7.1.2012) passed in Revision Application No.HKP/ST/203/2011 and be further pleased to stay the order of Respondent No.2 Ld. Collector, Surat dated 30.9.2011 passed in RTS/ Revision Application No.131/2010 pending the Revision Application No.HKP/ST/203/2011, pending before the respondent no.1; AND (B) This Hon'ble Court may be pleased to stay the impugned orders of Respondent No.1 dated 5.1.2012 (dispatched on 7.1.2012) passed in Revision Application No.HKP/ST/203/2011 and Respondent No.2 Ld.Collector, Surat dated 30.9.2011 passed in RTS/ Revision Application No.131/2010; AND (C) This Hon'ble Court may be pleased to grant ad-interim relief in terms of Para (B) pending hearing and final disposal of this petition; AND (D) This Hon'ble Court may be pleased to pass such other and further orders as may be deemed just and proper in the facts and circumstances of the present case."
The petitioners are aggrieved by order dated 05.01.2012, whereby the application preferred by them for grant of interim relief has been rejected by the Secretary (Appeals), Revenue Department.
Mr.N.V.Gandhi, learned advocate for the petitioners, submits that the revision application preferred by the petitioners against the order of the Collector has been admitted. However, as the application for grant of interim relief has been rejected, the interest of justice would be met, if the petitioners are permitted to file an application for early hearing of the revision application and the Secretary (Appeals), Revenue Department, may be directed to consider and decide the same within a time bound period.
In view of the above statement made by the learned advocate for the petitioners, the following order is passed:
In the event that the petitioners make an application for early hearing of Revision Application No.MVV/HKP/203/2011, the Secretary (Appeals), Revenue Department, shall consider and decide the said application, in accordance with law, taking into consideration the aspect that the application for grant of interim relief has been rejected. It is further clarified that the findings contained in the order dated 05.01.2012, shall be considered to be prima-facie in nature and shall not come in the way of the petitioners at the time of decision of the revision application.
Subject to the above directions, the petition is disposed of, without entering into the merits of the case.
Direct Service of this order for respondent No.1, is permitted.
(Smt.
Abhilasha Kumari, J.) (sunil) Top