KANCHANLAL NANALAL RANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed under Articles 226 and 227 of the Constitution of India for the purpose of following reliefs:

(2.) The case of the petitioner is that the petitioner is the local resident of Khambhat and he is doing his independent business in Khambhat and the subject property in the present litigation is the land bearing City Survey No.3/2809/A and 3/2809/B situated at Khambhat City. Pursuant to the allotment of the land in question for non-profitable purpose by respondent No.4-Collector vide order dated 19.06.1956, a grievance is raised by the petitioner, and ultimately, the same is the subject matter of litigation under the provisions of Gujarat Municipalities Act. Lastly, the said litigation is pending in the form of Revision Application No. 6 of 2018 for final adjudication. It is the case of the petitioner that during the pendency of revision application, an interim relief was sought by the petitioner but the said request of interim relief was acceded to vide order dated 11.04.2018 which is made the subject matter of present writ petition.

(3.) The contention is raised by the learned advocate appearing for the petitioner that during the pendency of main revision application, at least interim relief which has been sought, ought to have been given in view of settled position of law, otherwise the main proceedings would become in fructuous. The grievance is raised that at present the construction is going-on and as such if no interim relief is given, an irreversible situation will be created which thereafter may be taken care of even if revision application is allowed in favour of the petitioner. By raising such submission, the learned advocate has requested the Court that the interim order be passed during the pendency of main revision application by setting aside the impugned order dated 11.04.2018. It has been pointed out by the learned advocate in the alternative that if the Court deems it proper to accede to the request of the petitioner for grant of interim relief then, the main revision proceedings be heard at the earliest and in a time bound schedule, the same be disposed of with appropriate direction.