HARIBHAI RAICHANDBHAI GOTHI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Nikunt Raval, learned AGP waives service of notice of Rule on behalf of respondent No.1 and Shri Vivek Mapara, learned advocate waives service on behalf of respondent No.2. With the consent of learned advocates appearing for the respective parties, and in the facts and circumstances of the case, the petition is taken up for final hearing today.

(2.) By way of this petition under Articles 226 and 227 of the Constitution of India, petitioners have prayed for an appropriate writ, order or direction, quashing and setting aside the impugned order dated 19.9.2009 passed by the Revisional Authority - Secretary (Appeals), Revenue Department, State of Gujarat passed in Revision Application No.25 of 2008 by which during the pendency of the said revision application the revisional authority has refused to grant stay of the order passed by the Collector which is impugned in the said revision application.

(3.) At the outset it is required to be noted that while issuing the notice in the present petition dated 15.12.2008 the learned Single Judge has granted the ad-interim relief in which the parties are directed to maintain status-quo the subject land and the entries in the revenue record and the said ad-interim has been continued till date. Under the circumstances, this Court is of the opinion that if the aforesaid ad-interim relief order which is in operation since 15.12.2008 is directed to be continued till the final disposal of the revision application by the revisional authority and the revisional authority is directed to decide and dispose of the aforesaid revision application in accordance with law and on merits without in any way being influenced by the present order, the same will meet with the ends of justice.