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SCA/8700/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8700 of 2011
=========================================================
MEHTA
SHARADKUMAR PUNJIRAM - Petitioner
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 7 - Respondents)
=========================================================
Appearance :
MR
DAKSHESH MEHTA for
Petitioner: 1,
MS VS PATHAK AGP for Respondents : 1 -
8.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 12/08/2011
ORAL
ORDER
Heard
learned advocate for the petitioner and Ms. Pathak, learned AGP for
respondent State on advance copy.
Learned
advocate for the petitioner has submitted that though the petition
is filed for larger reliefs, but he confine this petition qua
appropriate prayer to respondent no.1 for deciding the Revision
Application Nos. 65 of 2010 and 67 of 2010, wherein, the request and
prayer for stay is rejected vide impugned order dated 7.5.2011.
Learned
AGP appearing for the respondent State submitted that instead of
making time bound programme for deciding the matters, the Court may
leave some discretion to the authority.
This
Court is of the view that respondent no.1 is under statutory
obligation to decide the matters and especially when the interim
relief is not granted, wherein, the land in question has changed
three hands prior to it being purchased by the petitioner by
registered sale deed, then, it is fit case, wherein, following
direction be issued :
The
respondent no. 1 shall decide the Revision Application Nos. 65 of
2010 and 67 of 2010 filed by present petitioner before respondent
no. 1 within 6 months from the date of receipt of this order or
certified copy of this order. As this order is passed in absence of
private respondents-opponents in those Revision Applications, it
goes without saying that they have liberty to approach the Court
with appropriate application with a copy to the other side, in case
of difficulties.
In
view of this direction, Shri Mehta, learned advocate appearing for
the petitioner seeks permission to withdraw this petition.
Permission as sought for is granted. Matter is disposed of as
withdrawn. No costs. Direct service permitted.
(S.R.BRAHMBHATT,
J.)
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