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SCA/5208/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5208 of
2010
=========================================================
SHAH
ANJANABEN NANURAM SOMANI & 4 - Petitioner(s)
Versus
STATE
OF GUJARAT & 6 - Respondent(s)
=========================================================
Appearance
:
MR.
MAULIN RAVAL FOR MR. MAULIK N SHAH
for
Petitioner(s) : 1 - 5.
MR. JANAK RAWAL, LEARNED ASSISTANT
GOVERNMENT PLEADER for Respondent(s) : 1,
None for Respondent(s) :
2 - 7.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 28/04/2010
ORAL
ORDER
1.
This petition under Articles-226 and 227 has been filed, challenging
order dated 21.10.2009 passed by respondent No.1, whereby the
application for interim relief filed by the petitioners, has been
rejected.
2. Mr.
Maulin Raval, learned advocate for Mr. Maulik N. Shah, learned
counsel for the petitioners has submitted that Entry No.898 has been
mutated on 16.10.1992 in favour of the petitioners, but at the behest
of a third-party, the said entry has been cancelled on 28.09.2007,
which is against the principles of law laid down in State of
Gujarat Vs. Patel Raghav Natha And Others, 1969(10)
G.L.R. 992. It
is further submitted by the learned counsel for the petitioners that
the Revision Application filed against the order dated 28.09.2007 of
the Collector, Sabarkantha is pending adjudication and the interest
of justice would be met if status-quo, qua the said Entry is directed
to be maintained, till the final decision of the Revision
Application, and in that eventuality, the petitioners would not be
desirous of pursuing the petition.
3. I have heard Mr. Maulin
Raval, learned advocate for Mr. Maulik N. Shah, learned counsel for
the petitioners, Mr. Janak Rawal, learned Assistant Government
Pleader for respondent No.1 and perused the averments made in the
petition as well as the contents of the impugned order.
4. In
view of the submissions made at the Bar as well as the principles of
law, as enunciated in State
of Gujarat Vs. Patel Raghav Natha And Others (Supra),
the following order is passed:-
The
Principal Secretary, Revenue, shall decide Revision
Application No.19/2007 filed by the petitioners, as expeditiously as
possible, and without avoidable delay. Till such time, as a decision
upon the said Revision Application is taken, status-quo, qua Entry
No.898 dated 16.10.1992, shall be maintained.
At this stage, Mr. Maulin
Raval, learned advocate for Mr. Maulik N. Shah, learned counsel for
the petitioners prays that he may be permitted to withdraw the
petition.
Permission to do so, is
granted. The petition is disposed of, as withdrawn.
(Smt. Abhilasha Kumari, J.)
Safir*
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