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SCA/13974/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13974 of 2010
=========================================================
HUSSAIN
SULEMAN SIPAI - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MS
AMITA S SHAH for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1,
None
for Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 20/10/2010
ORAL
ORDER
By
way of present petition, the petitioner has inter alia prayed for
quashing and setting aside the notice dated 01st October
2010 issued by the respondent No.4-Chief Officer and restraining the
respondent-authorities from taking any coercive action against the
petitioner in pursuance of the said notice.
Looking
to the peculiar facts and circumstances of the case and evidence on
record, it transpires that the Revision Application preferred by the
petitioner is pending before the Secretary (Appeals), Revenue
Department, wherein the interim relief prayed for by the petitioner
was refused. Being aggrieved by the said order, the petitioner had
also preferred a writ petition before this Court, which ultimately
came to be withdrawn as stated by the petitioner. In view of the
same, the appropriate remedy for the petitioner is to approach the
Revisional Authority and to pray for protecting him pending Revision
Application, failing which the Revision Application will become
infructuous.
In
view of aforesaid, the petitioner will make appropriate application
for protecting his possession to the Revisional Authority within a
period of four weeks from today. If such an application is made by
the petitioner, the same will be considered by the Revisional
Authority in accordance with law within a period of four weeks from
the date of receipt of such application. It is clarified that this
Court has not entered into merits of the matter.
The
petition stands disposed of accordingly.
(K.S.
Jhaveri, J)
Aakar
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