VIRSINGBHAI NAGJIBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners, who claimed to be the tenants, have filed this petition and challenged the impugned order dated 5.12.2001 (Annexure : D), passed by the Deputy Collector, Dahod, whereby he corrected his mistake in passing the impugned order dated 27.11.2001 (Annexure:C) and cancelled it on the ground that when the matter is sub-judice before the Civil Court then he had no jurisdiction to go beyond the jurisdiction of the Civil Court and pass any order.

(2.) On 15.1.2002 this Court (R.M.Doshit, J.) straightway admitted this petition and issued notice as to interim relief and hearing of Rule was made returnable on 6.3.2002 and pending the petition ad.interim relief in terms of Para : 10(C) was granted.

(3.) Thereafter the matter was adjourned from time to time by other Courts. When this matter was placed before this Court on 18.6.2002 the above mentioned Civil Application No.3691 of 2002 filed on 15.2.2002 was already placed for orders on 15.7.2002 for vacating the ex-parte ad.interim relief granted in favour of the present petitioners. The copy of the same was served upon the Counsel for the petitioner on that very day i.e. on 9.5.2002. As per the provision under Article 226(3) of the Constitution of India, ad.interim relief granted earlier stands automatically vacated. Be that as it may. When the ad.interim relief stood automatically vacated then this main petition is required to be heard and accordingly at the joint request of the learned Counsel for the parties the matter is heard today and disposed of by this order.