NANUSHANKER RAMSHANKER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. Mengdey, learned AGP waives service of notice of rule on behalf of the respondents. With the consent of the parties, the matter is taken up for final hearing today.

(2.) BY way of this petition under Article 226 of the Constitution of India, the petitioners- revisionist before the Secretary (Appeals), Revenue Department, State of Gujarat have prayed for an appropriate writ, direction and order quashing and setting aside the impugned order dated 27. 10. 2009 passed by the Revisional Authority in Revision Application No. 9 of 2009 in rejecting the stay application submitted by the petitioners in the aforesaid revision application.

(3.) IT prima facie appears and which cannot be disputed that alleged illegal construction is since 1990 and if during the pendency of the revision application, the interim relief as prayed for is not granted, in that case the revision application would become infructuous. Under the circumstances, this Court is of the opinion that if the revisional authority is directed to decide and dispose of the revision application at the earliest within stipulated time and till then parties are directed to maintain status quo, without prejudice to the rights and contentions of the respective parties, same shall meet ends of justice.