KALPANABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr. Manan Mehta, learned Assistant Government Pleader for respondent Nos. 1 to 4, and Mr. Y.J. Patel learned advocate for respondent No. 5/private respondent, appear and waive service of rule on behalf of the respective respondents.

(2.) CONSIDERING the issue involved in this petition, more particularly considering the fact that the present petition is filed under Article 226 of the Constitution of India against non -grant of interim relief by the respondent -SSRD in Revision Application No. MVV/HKP/ST/169/12 and with consent of the learned counsel appearing for the respective parties the matter is taken up for final disposal forthwith.

(3.) IT appears that the petitioners have challenged order dated 23.11.2011 passed by District Collector, Surat, in RTS/Revision Application No. 127/2010 by way of filing Revision Application No. MVV/HKP/ST/169/12 as provided under Rule 108(6)(A) of the Gujarat Land Revenue Rules, 1972 before the respondent -SSRD. It further appears from the impugned order that the said revision application came to be admitted and is pending for final hearing, however, after hearing the parties, by the impugned order dated 14.03.2013 the application for stay filed in the aforesaid revision application came to be rejected by the respondent -SSRD. Petitioner, being aggrieved by the said order, has preferred the present petition.