1. This Court had issued Rule, vide order dated 06.08.2012. Thereafter, as the process was not paid, the time to pay process on returnable date was extended till today i.e. 03.09.2012.
2. Mr.B.T.Rao, ld. Counsel appearing for the applicant-original petitioner states that the respondents have been served.
3. Ms.Asmita Patel, ld. AGP on some oral instructions states that respondent No.1-Collector is not the authority in relation to the prayer, which are prayed for in the Civil Application. However, it is an admitted position that this Court, while entertaining the main writ petition, had passed the following order:
"1. Rule.
2. Both sides shall maintain status-quo during the pendency of the petition."
4. It further appears from the record that as the order of status quo was breached according to the applicants, the applicants preferred Misc. Application for Contempt No.1710/2012, wherein, this Hon'ble Court (Coram: Hon'ble Mr.Justice Jayant Patel and Hon'ble Mr.Justice C.L.Soni) vide order dated 03.07.2012 had passed the following order.
"1.The basis of the present petition is the order dated 8.8.2008, whereby the status-quo was ordered to be maintained.
2.Upon hearing Mr.Rao, learned Counsel for the petitioner, it appears that it is an undisputed position that SCA No.8849 of 2008 is pending before the learned Single Judge.
3.Under these circumstances, we find that the petitioner can ventilate the grievance before the Court, which is seized with the proceedings, including that for further directions.
4.In view of the above, we are not inclined to initiate the action under the Contempt of Courts Act at this stage. Subject to the aforesaid observation, the petition is disposed of."
5. After the said order, the present Civil Application is filed.
6. Hence, opponent No.2 is hereby directed to get the land in question surveyed by an officer, not lower than Mamlatdar and submit the report in this Civil Application by 21.09.2012.
7. The matter is adjourned to 24.09.2012.
[R.M.CHHAYA, J.] Ankit*