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SCA/736/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 736 of 2011
======================================
RADHABEN
DALPATSINH PARMAR - Petitioner
Versus
STATE
OF GUJARAT THROUGH SPECIAL SECRETARY & 1 - Respondents
======================================
Appearance :
MR
SP MAJMUDAR for the Petitioner.
MR PRANAV DAVE, AGP for the
Respondents.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 16/03/2011
ORAL
ORDER
1. By
way of this petition under Articles 226 and 227 of the Constitution
of India, the petitioner has challenged the impugned order dated
13/12/2010 passed by Revisional Authority in Revision Application
No.11/2010, by which, Revisional Authority has rejected the stay
application submitted by the petitioner.
2. In
view of the fact that main Revision Application is pending before
learned Revisional Authority, which is yet to be decided and disposed
by the Revisional Authority and any observation by this Court in the
present proceedings may affect the case of either parties in the main
Revision Application, Mr.Majmudar, learned advocate appearing on
behalf of the petitioner does not press the present petition.
However, he has requested to issue suitable direction, directing the
Revisional Authority to decide and dispose of the main Revision
Application at the earliest.
3. In
view of the above, the present petition is dismissed as not pressed.
However, it will be open for the petitioner to prefer appropriate
application before Revisional Authority for expeditious hearing of
the main Revision Application, which may be considered by the
Revisional Authority looking to urgency shown by the petitioner and
if Revisional Authority satisfied with respect to urgency shown by
the petitioner and looking to its own board and looking to the old
pending matters. It goes without saying that Revisional Authority –
Secretary (Appeals), Revenue Department, State of Gujarat shall
finally decide and dispose of the main Revision Application
No.11/2010 in accordance with law and on merits,
without
in any way being influenced by the impugned order and/or earlier
order refusing to grant interim relief and any observations made by
the Revisional Authority be treated as tentative while deciding the
stay application only.
With
this, the present petition is dismissed. Notice is discharged. No
costs.
[M.R.SHAH,J]
*dipti
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