YASINMIYA MIRSABMIYA AND OTHERS Vs. JINNATBIBI AND ANOTHER

JUDGEMENT

(1.) The petitioners are before this Court challenging interim order passed by the Tribunal dated 11.07.2007 in Revision Application No.BA/170 of 2007. The learned Member of the Tribunal was pleased to stay the orders passed by the authorities below- Mamlatdar, confirmed by the Deputy Collector, till the next order is passed, on condition that the parties shall maintain the status quo of the land in question.

(2.) Mr. Shah, learned advocate for the petitioners vehemently submitted that the order is a cryptic and non-speaking order. The learned advocate submitted that it is a glaring instance of non-application of mind on the part of the authorities. He submitted that it is passed without giving any opportunity to the petitioners in whose favour a right had accrued by virtue of the orders of the Mamlatdar and the Deputy Collector. He submitted that right is taken away by passing this order and that too without giving an opportunity of hearing to the petitioners.

(3.) Mr. Shah, learned advocate for the petitioners, relied upon two decisions of the Hon'ble the Apex Court, viz. (1) in the matter Union of India and others Vs. Jai Prakash Singh & Another, 2007 AIR(SC) 1363 and (2) in the matter of State of Manipur and Another Vs. Chabungbam Thoibisana Devi and Others, 2007 5 SCC 655.