STATE OF GUJARAT Vs. RAMJI GOVIND

JUDGEMENT

(1.) The Slate of Gujarat through the: Secretary, Road and Building Department., Sachivalaya, Gandhinagar and Executive Engineer, R & B Division. Rajkot, the petitioners, original opponents have filed with a prayer that this Court may be pleased to quash and set aside the judgment and order dated 3.3.2006 passed in Special Darkhast Application No.27 of 2004, pending before the learned Civil Judge: (S.D.), Gondal, whereby the learned Judge has directed that the State of Gujarat should pay the amount as claimed by the applicant at Rs.89,020/- in connection with the additional amount of compensation in this behalf.

(2.) This Court has issued notice on 14.12.2006 and thereafter, Civil Application No. 2803 of 2007 was filed by the respondents with a prayer to convert the Civil Revision Application in Special Civil Application and stay the proceedings of execution proceedings of Execution Application and implementation of Special Darkhast No.37 of 2004 pending before the learned Civil Judge, Gondal. This Court has allowed the prayer to convert Civil Revision Application into Special Civil Application by order dated 23.2.2007. It may be noted that the earlier Civil Revision Application No.241 of 2006, which has been converted into this Special Civil Application.

(3.) With the consent of the parties. Rule is issued. Mr. Mehul Shah, learned advocate waives service of RULE on behalf of the respondents. Therefore, the matter is taken up for final disposal.