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SCA/13451/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13451 of 2010
=========================================================
LALITABEN
KESHAVBHAI & 3 - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance :
MR
DILIPL KANOJIYA for
Petitioner(s) : 1 - 4.
MR PRANAV DAVE ASST GOVERNMENT PLEADER for
Respondent(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 25/10/2010
ORAL
ORDER
Rule.
Mr.Pranav Dave, learned AGP waives service of notice of rule on
behalf of respondent – State of Gujarat. With the consent of
learned Advocates appearing for the parties, the matter is taken up
for final hearing.
2. By
way of this petition the petitioners seek relief to continue the
interim order dated 03/04/2010 with effect from 07/09/2010 till the
hearing and final disposal of the Revision Application No.5 of 2009.
Admittedly, the stay granted earlier has been discontinued without
hearing the petitioner and without giving an opportunity to the
petitioners to show-cause against such discontinuance. This fact
situation could not be controverted by the other side.
3. Having
heard learned Advocate for the respective parties and in the facts
and circumstances of the case, the interim relief granted vide order
dated 03/04/2010 passed by the Principal Secretary, Revenue
(Appeals), Ahmedabad requires to be extended. Accordingly, the
impugned order dated 18/09/2010 passed by the respondent No.2 is
quashed and set aside and the interim relief granted vide order dated
03/04/2010 is extended till the final disposal of the revision
application which is pending. Rule is made absolute to the aforesaid
extent with no order as to costs.
(K
S JHAVERI, J.)
sompura
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