SCA/26735/2007 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 26735 of 2007 ========================================================= KAILASHBEN DAHYABHAI PATEL - Petitioner(s) Versus STATE OF GUJARAT & 3 - Respondent(s) ========================================================= Appearance : MR BS PATEL for Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4,1.2.5 MR CHIRAG B PATEL for Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4,1.2.5 MR JK SHAH ASST GOVERNMENT PLEADER for Respondent(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 1 - 3. MR KV SHELAT for Respondent(s) : 4, ========================================================= CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI Date : 09/07/2008 ORAL ORDER
The
petitioners have challenged the order dated 03.05.2007 passed by the
Principal Secretary, Revenue Department, Government of Gujarat. By
the said order, the authority was pleased to grant status quo with
respect to the order dated 02.01.2002 passed by the Collector.
Having
heard learned advocates for the parties, I see no reason to interfere
primarily with the impugned order which is interim order. The same is
in fact ex parte ad interim order. Even otherwise all that order
provides for maintenance of the status quo. Learned advocate for the
petitioner submitted that it is possible to construe the order as
directing status quo ante to be maintained. I fear such construction
is not possible. The impugned order only provides status quo as on
the date the order was passed.
In
view of the above observations, learned advocate for the petitioner
seeks permission to withdraw the petition keeping all the contentions
open. Permission, as prayed for, is granted.
Petition
stands disposed of in aforesaid terms.
(
Akil Kureshi, J. )
kailash