Gujarat High Court Case Information System
Print
SCA/9183/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9183 of 2008
=========================================================
CHAIRMAN
- Petitioner(s)
Versus
COLLECTOR
& 1 - Respondent(s)
=========================================================
Appearance :
MR
BC DAVE for Petitioner(s) : 1,
NOTICE SERVED BY DS for
Respondent(s) : 1 - 2.
MR CHHAYA, AGP for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 01/08/2008
ORAL
ORDER
1. Heard
the learned advocates appearing for the parties. At the request of
parties, this petition is taken up for final hearing and disposal
today.
2. Petitioner
has challenged an order dated 7.7.2008 passed by Principal Secretary
(Appeals), Revenue Department, Government of Gujarat. By the said
order, the Principal Secretary rejected the interim relief prayed for
by the petitioner pending revision application on the ground that the
order of Collector does not suffer from any irregularity and that the
petitioner has carried out construction in the margin land.
3. It
appears that the petitioner had carried out extra construction in the
margin land which the Collector has ordered him to remove. Learned
advocate for the petitioner submitted that the petitioner has applied
to the Collector for regularization of such construction.
4. Considering
the fact that the revision application is pending and that in the
meantime, petitioner has also applied for regularization of the
objectionable construction, this petition is disposed of with a
direction that there shall be stay against the operation of the order
of the Collector dated 3.7.2007 till the application of the
petitioner for regularization is decided by the Collector or till
disposal of the revision application by the Revenue Secretary,
whichever is earlier.
5. Petition
is disposed of accordingly.
(AKIL
KURESHI, J.)
ashish//
Top