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SCA/12609/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12609 of 2011
=========================================================
THAKORBHAI
NATHUBHAI PATEL & 6 - Petitioner(s)
Versus
HANSABEN
RAMESHBHAI PATEL & 23 - Respondent(s)
=========================================================
Appearance
:
MR
BALRAM D JAIN for
Petitioner(s) : 1 - 7.
None for Respondent(s) : 1 - 4, 4.2.1,
4.2.2, 4.2.3,4.2.4 - 6, 6.2.1, 6.2.2, 6.2.3, 6.2.4, 6.2.5,
6.2.6,6.2.7 - 9, 9.2.1, 9.2.2, 9.2.3, 9.2.4,9.2.5 - 11,11.2.1 - 19,
19.2.1, 19.2.2, 19.2.3, 19.2.4,19.3.1 - 21, 21.2.1,21.2.2 -
24.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 30/08/2011
ORAL
ORDER
1. Leave
to join State of Gujarat and Special Secretary (appeal), Revenue
Department, State of Gujarat as parties.
2. Learned
advocate Shri Jain relying upon the averments made on oath in para
3.9 of the memo of petition, has submitted that the
applicant/petitioner or his advocate did not have any knowledge that
the matter was fixed for hearing on 18.06.2011. The Special Secretary
(appeal), Revenue Department had adjourned the matter to 27.06.2011
and took up the matter prior thereto and so far as the interim relief
application is concerned on 18.06.2011, disposed it of on that day,
and therefore, learned advocate for the petitioners got no
opportunity to make the petitioners’ case good before the authority
for interim relief.
3. In
view of the submissions made by learned advocate relying upon by the
petitioner, the Court is of the view that specific instruction for
final disposal is required to be given to learned AGP and hence,
learned AGP to receive specific instruction with the help of record
or certified copy of record in Revision Application No. 26/2009 to
indicate as to whether the hearing of interim order was advanced
before the original date fixed and whether the notice, if any, was
issued to the applicant in Revision Application, or his advocate.
4. At
the request of learned AGP, matter is posted on 7th
September 2011.
5. Learned
advocate for the petitioner to supply copy of the petition to learned
AGP.
(S.R.Brahmbhatt,
J.)
dks
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