Heard Mr.S.H.Sanjanwala, learned Senior Advocate with Mr. Dilip L.Kanojia, learned advocate for the petitioners. It is submitted by him that by the impugned orders dated 06.02.2012 (two in number), the Deputy Collector has rejected the application of the petitioners by treating old tenure land as new tenure, without granting the petitioners and opportunity of hearing. It is submitted that though there is an alternative remedy, in view of the breach of the principles of natural justice, and the principles of law enunciated in Whirlpool Corporation v. Registrar of Trade Marks, Mumbai & Ors. - (1998)8 SCC 1, the Court may entertain the petition.
Issue notice for final disposal, returnable on 04.07.2012. The implementation, execution, and operation of the orders dated 06.02.2012 (two in number) passed by the Deputy Collector, Olpad Prant, Surat, shall remain stayed till then.
In addition to the normal mode of service, Direct Service, is also permitted.
(Smt.Abhilasha Kumari,J) arg Top