ASHOK CHANDUJI THAKOR Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) LEARNED advocate Mr Amit Panchal with Mr Ashish M. Dagli for the Petitioner tenders an amended copy of memo of petition. The same is taken on record.

(2.) THE present petition is filed being aggrieved by the order passed by the Special Secretary, Revenue Department (Appeals) dated 18.12.2010, wherein the Special Secretary, Revenue Department (Appeals), without application of mind, refused to grant the interim relief though the matter pertains to 'demolition of the construction in Wada land.'

(3.) LEARNED advocate for the Petitioner states that it is a residential unit which is constructed. The Special Secretary, Revenue Department (Appeals) refused to grant interim relief by recording that 'if the interim relief will not be granted, no irreparable loss will be caused to the Petitioner as there is no material placed to establish the same.' Taking that into consideration, the Court issued notice on 20.12.2010 and the learned AGP was asked to take instructions and state as to in which circumstances the ad -interim relief can be granted. The authorities were restrained from demolishing the structure standing in City Survey No. 481 Mouje Amli, Taluka Dascroi.