(1) By way of the present petition under Article 226 of the Constitution of India, the petitioners have challenged order dated 12.08.2011 passed by the Secretary, Revenue Department (Appeals) in Revision Application No.MVV/JAMAN/PATAN/12/11 filed by the petitioners against the respondents herein whereby the interim relief was refused.
(2) This Court (Coram: S.R.Brahmbhatt, J) on 18.11.2011 passed the following order:
" Notice returnable on 30.11.2011. In the meantime and till the returnable date, the status-quo as on date be maintained by all and in case, if the respondents are desirous of seeking appropriate modification in this order even prior to the returnable date, they are at liberty to approach the court with appropriate application and a copy to the other side. Direct service permitted.
(S.R.BRAHMBHATT, J.)"
(3) The petitioners have raised various contentions in the petition and reply has been filed by the respondent-Corporation, however, the learned counsel for the respective parties have appraised this Court that in fact the Secretary, Revenue Department (Appeals) has fixed hearing of the main Revision Application No.MVV/JAMAN/PATAN/12/11 and initially it was fixed for final hearing on 11.01.2012, however, as the present petition is pending the said revision application has not been proceeded further and now the next date for final hearing is fixed on 29.08.2012.
(4) Mr.Dagali, learned advocate for respondent No.2-Gujarat State Road Transport Corporation, has also annexed reply filed by the Corporation before the Secretary.
(5) Instead of examining the matter on merits, in view of the fact that the main Revision Application No.MVV/JAMAN/PATAN/12/11 is already fixed for final hearing, interest of justice would be served if the Secretary, Revenue Department (Appeals) is directed to hear the main revision application so fixed on 29.08.2012 peremptorily, without granting any adjournment to either of the parties.
(6) In view of the aforesaid order dated 18.11.2011 passed by this Court, Mr.Dagali, learned advocate for respondent No.2-Corporation, states, on instructions, that till the Secretary, Revenue Department (Appeals) hears, decides and passes final order in Revision Application No.MVV/JAMAN/PATAN/12/11, respondent No.2-Corporation shall not deal with the land in question in any manner whatsoever and shall not change the status of the land and if the possession is with the petitioners, the same shall not be disturbed.
(7) It is however made clear that it would be open for either of the parties to raise all contentions that are available and the Secretary, Revenue Department (Appeals) shall decide Revision Application No.MVV/JAMAN/PATAN/12/11 so fixed for final hearing on 29.08.2012 peremptorily, as directed by this Court hereinabove, without giving any adjournment to either sides.
(8) Mr.A.M.Parekh, learned advocate for the petitioners, and Mr.Dagali, learned advocate for respondent No.2-Gujarat State Road Transport Corporation, assure this Court that they shall co-operate with the final hearing of Revision Application No.MVV/JAMAN/PATAN/12/11 pending before the Secretary, Revenue Department (Appeals). The Secretary, Revenue Department (Appeals) shall consider the matter on its own merits, after considering the evidence on record and without being influenced by the fact that this Court had earlier granted status-quo vide order dated 18.11.2011.
(9) In view of the above directions, the petition is disposed of. NOTICE discharged. There shall be no order as to costs.
(10) As Mr.Dagali, learned advocate for respondent No.2-Gujarat State Road Transport Corporation, has, on instructions, made the aforesaid statement at the bar, the order of status-quo is not required to be continued.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Top