VORA DHIRAJLAL DAHYALAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Special Civil Application is filed praying for the following reliefs:-

(2.) Learned counsel for the petitioner submits that the learned Gujarat Revenue Tribunal (GRT) had granted prayer of interim relief on 15/9/2015 in the Revision Application No.TEN/BA/253/2015(3). He submits that thereafter in the year 2022, the petitioner moved an application for vacating interim relief on the ground that the petitioner had invested lot of amount in the agricultural land. It was further stated that interim relief was obtained without due notice to the petitioner even though a caveat application was preferred by the petitioner. It was further averred that in the Revision Application, the applicant had misled the learned Tribunal for obtaining interim relief, therefore, the petitioner herein prayed for vacating interim relief. By the order dtd. 10/3/2022, the learned Tribunal was pleased to dispose off the application for vacating the interim relief observing that seven years have passed since prayer granting interim relief. The reasons as averred cannot taken into account after such a long period for vacating the said order. However, the learned Tribunal granted liberty to the petitioner to move an early hearing application for final hearing of Revision Application. The petitioner thereafter filed an application for early hearing on 14/7/2022. By order dtd. 26/9/2022, learned Tribunal rejected the said application of the petitioner on the ground that presently, the cases for the year 2009 and 2010 were being heard finally. Further, the reason as averred by the petitioner in the application was held not to be valid. Accordingly, by the said order, the application came to be rejected.

(3.) Learned Assistant Government Pleader Mr. Ashutosh Dave submits that the final hearing cases are taken up in seriatim and the petitioner will have to await for his turn before the learned Tribunal. He further submits that the petitioner cannot be granted out of turn hearing.