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SCA/8446/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8446 of
2011
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MURADBHAI
HUSENBHAI MALEK THRO. POA,SAMEER J AMIN & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance :
MR
EE SAIYED for
Petitioners:1-2.MR NASIR M SAIYED for Petitioners:1 -2
None
for Respondents : 1 -
4
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 18/07/2011
ORAL
ORDER
Heard
learned advocate for the petitioners.
The
petitioners by way of this petition have challenged the order dated
07.02.2011, passed by the respondent no.1, rejecting petitioner’s
application for fixing early date of hearing of Revision Application
No. 29/2008, pending before respondent no.1. The applicant in his
application has narrated in detail the matter on merits. The land
in question is at present with the respondent no.4 i.e. Central
Engineering Research Institute, Race Course, Vadodara. The
petitioner’s Revision Application is of the year 2008. Ordinarily,
this Court would have interfered with the order rejecting
application of fixing early date of hearing, when the Revision
Application is pending since 2008.
But the
applicant was also under obligation to make out a case of seeking
priority over others, which are waiting in queue. Therefore, when
the applicant has not pointed out any justification for seeking
priority over the matters which are older than the present Revision
Application, the authority was also justified in rejection the same.
Therefore, this petition being bereft of merits, deserves to be
rejected and is accordingly rejected. No costs.
(S.R.BRAHMBHATT,
J.)
Pankaj
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