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SCA/1360/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1360 of 2011
======================================
YUSUF
ISMAIL NATALIYA - THROUGH POWER OF ATTORNEY HOLDER - Petitioner
Versus
STATE
OF GUJARAT - THROUGH PRINCIPAL SECRETARY & 4 - Respondents
======================================
Appearance :
MR
NACHIKET A DAVE for the Petitioner.
NOTICE SERVED BY DS for
Respondent(s) : 1 - 5.
MR YH MOTIRAMANI for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 17/03/2011
ORAL
ORDER
1. The
present petition arises out of interlocutory order passed by
Revisional Authority – Secretary (Appeals), Revenue Department,
State of Gujarat, by which, during the pendency of the Revision
Application pending before it, Revisional Authority has refused to
grant stay of the order dated 19/07/2010 passed by Collector, Surat
in Suo Motu Revision Case No.15/2010.
2. It
is to be noted that the dispute is with respect to mutation entry and
as per settled proposition of law, mutation entry in the revenue
record does not confer any right, title and interest in the land in
question, in whose favour the entry has been mutated. As the Revision
Application is still pending for final disposal before the Revisional
Authority, any observation in the present proceedings may affect the
case of the either parties and, therefore, the present petition is
not entertained. However, in the facts and circumstances of the case,
Revisional Authority is hereby directed to finally decide and dispose
of the said Revision Application at the earliest but not later than
six months from the date of receipt of writ of this order. It goes
without saying that the Revisional Authority shall decide and dispose
of the aforesaid Revision Application in accordance with law and on
merits and without in any way being influenced by the impugned order
and/or earlier order refusing to grant stay and any observations made
by the Revisional Authority may be treated as tentative while
deciding the stay application only.
With
this, the present petition is disposed of. Notice is discharged. No
costs.
[M.R.SHAH,J]
*dipti
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