Heard Mr.R.S.Sanjanwala, learned Senior Advocate with Mr.Nirav Trivedi, learned advocate for the petitioner. It is submitted by him that during the pendency of the revision application before the Secretary (Appeals), Revenue Department, an application for interim relief was moved by the petitioner upon which ad-interim relief in terms of an order of status-quo was passed by the Secretary (Appeals), on 29.08.2011. Thereafter, the said order of status-quo has been vacated by the impugned order dated 03.04.2012 (05.04.2012), without taking into consideration the aspect that the order of the Collector impugned before the revisional authority has the effect of setting aside an order passed by the Deputy Collector under Section 43 of the Bombay Tenancy and Agricultural Lands Act, 1948, which cannot be done in view of the principles of law laid down in Evergreen Apartment Coop. Housing Society v. Special Secretary, Revenue Department, Gujarat State - 1991(1) GLR 113.
Issue Notice returnable on 16.06.2012.
The implementation, execution and operation of the impugned order dated 03.04.2012, passed by the Secretary (Appeals), shall remain stayed and the order of status-quo, granted earlier, shall remain in operation, till then.
In addition to the normal mode of service, Direct Service is also permitted.
(Smt.
Abhilasha Kumari, J.) (sunil) Top