AUCHALBHAI BHAGVANJIBHAI VAMJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. Neeraj Soni, learned Assistant Government Pleader appearing for the State on an advance copy being served on the Government Pleader's Office, waives service of rule. with the request of the parties the matter is taken up for final hearing.

(2.) HEARD Mr. A. H. Desai, learned advocate appearing for the petitioner and Mr. Neeraj Soni, learned Assistant Government Pleader appearing for the State.

(3.) THE main grievance raised by the petitioner is that the petitioner's stay application is decided by the learned Additional Secretary, Revenue Department (Appeals) Ahmedabad without hearing the petitioner. Mr. Desai has submitted that initially the hearing for stay application was fixed on 21. 3. 2008. The petitioner thereafter applied for early hearing of the injunction application by application dated 2. 8. 2008. By communication dated 26. 9. 2008 the petitioner was intimated that hearing of the Revision Application was to take place on 24. 11. 2008. Again the petitioner was communicated vide communication dated 20. 11. 2008 stating that instead of 24. 11. 2008 the hearing of the application was to take place on 16. 2. 2009. Since that date was not convenient to the advocate of the petitioner the petitioner sent an application by U. P. C. seeking time. Instead of adjourning the matter the stay application was decided by the Additional Secretary on 16. 2. 2009.