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SCA/13738/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13738 of 2011
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MULIBEN
WD/O KALIDAS KARSANBHAI CHAVDA & 4 - Petitioners
Versus
STATE
OF GUJARAT THRO.THE PRINCIPAL SECRETARY & 3 - Respondents
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Appearance :
MR
DN PANDYA for Petitioners : 1 - 5.
GOVERNMENT PLEADER for
Respondent : 1,
None for Respondents : 2 -
4.
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 18/10/2011
ORAL
ORDER
Heard
learned advocate for the petitioners. Learned advocate for the
petitioners has relied upon the decision of the Apex Court in case
of RAGHO SINGH Vs. MOHAN SINGH AND OTHERS, reported in (2001) 9 SCC
pg. 717, to contend that, in case the appeal is filed after
limitation period is over, then, the same cannot be entertained, if
it is not accompanying with appropriate application for condonation
of delay. In the instant case the entry in question was certified in
the year 1988 and after 19 years of period old issue was raked up
and it was sought to be assailed which came to be rejected by
concerned Assistant Collector vide his order dated 8/7/2008. However
concerned Collector in exercise of revisional power remanded the
matter back with a rider to decide the same in accordance with law,
which would nullify the aspect of delay. These pleadings were made
before the revisional authority who did not accept the same while
considering the order impugned before him and did not grant any
interim order.
Hence
let there be a notice for final disposal returnable on 15/11/2011.
In the meantime and till the returnable date the proceedings as
ordered to be conducted de-novo by learned Collector’s order shall
remain stayed and the petitioner is also under an obligation to
maintain status-quo in respect of the land in question.
[
S.R. BRAHMBHATT, J ]
/vgn
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