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SCA/7977/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7977 of 2010
======================================
THE
DEROL ANUSUCHIT JATI SAMUHIK SAHAKARI MANDALI LTD - Petitioner
Versus
STATE
OF GUJARAT, THRO SPECIAL SECRETARY (APPEALS) & 3 - Respondents
======================================
Appearance :
MR
HARSHAD K PATEL for the Petitioner.
MR PRANAV DAVE, AGP for
respondent Nos.1 to 3.
None
for Respondent No.3.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 14/07/2010
ORAL
ORDER
1. By
way of this petition under Article 226 of the Constitution of India,
the petitioner has prayed for an appropriate writ, order and/or
direction, quashing and setting aside the impugned order dated
19/03/2009 passed by learned Secretary (Appeals), Revenue Department,
State of Gujarat in Revision Application Nos.49/08-1/09, by which,
learned Revisional Authority has refused to grant interim stay of the
order passed by the Collector, Sabarkantha dated 11/12/2008 in
forfeiting the land to the State Government by holding that transfer
of the land by the petitioner was in breach of order of grant of
allotment.
2. Having
heard Mr.Harshad Patel, learned advocate appearing on behalf of the
petitioner and considering the impugned order passed by the
Revisional Authority and even the order passed by the Collector,
Sabarkantha, it appears that so far as the petitioner is concerned,
the petitioner has already transferred the land and third party/
purchaser has filed the Suit before the learned City Civil Court and
has sought injunction against the petitioner. Thus, the petitioner is
not found to be in actual possession of the land in question.
3. Under
the circumstances and considering the order passed by the Collector,
Sabarkantha, the same seems to be just and proper and it cannot be
said that the Revisional Authority has committed any error in not
granting the interim stay as prayed for. No case is made out to
interfere with the impugned order passed by the Revisional Authority
in exercise of the power under Article 226 of the Constitution of
India. Hence, the present petition deserves to be dismissed and is
accordingly dismissed. No costs.
[M.R.SHAH,J]
*dipti
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