FAIJULAHKHAN NASRATKHAN PATHAN Vs. SECRETARY APPEALS

JUDGEMENT

(1.) BY way of this petition under Articles 226 and 227 of the Constitution of India, petitioners have prayed for an appropriate writ, direction or order quashing and setting aside the impugned order dated 18.02.2011 passed by the Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No.1/2001, by which the Revisional Authority has dismissed the said revision application confirming the order passed by the Collector, Banaskantha granting non-agriculture use permission for poultry farm to respondent No.2.

(2.) AT the outset, it is required to be noted that so far as respondent No.3 is concerned, he is purchaser of land in question which was sold by the father of the petitioners and for which one Civil Suit being Regular Civil Suit No.229/2001 is pending before the Civil Court to quash and set aside the sale deed in favour of respondent No.3 herein. Petitioners/original land owners have failed to get any interim relief in the same. Under the circumstances, it is to be noted that the Secretary (Appeals), Revenue Department, State of Gujarat has specifically observed in the impugned order that parties to abide by and act as per the decision that may be taken by the Civil Court in Regular Civil Suit No.229/2001. Considering the aforesaid facts and circumstances, it cannot be said that the order passed by the Revisional Authority in Revision Application No.1/2001 confirming the order passed by the Collector, Banaskantha granting N.A. use permission to respondent No.3 herein ? purchaser for poultry farm is in anyway illegal and/or contrary to the statute which calls for interference by this Court in exercise of power under Articles 226 and 227 of the Constitution of India.