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2013 DIGILAW 744 (GUJ)

Ramanbhai Chaturbhai Prajapati v. State of Gujarat

2013-12-18

A.G.URAIZEE, V.M.SAHAI

body2013
JUDGMENT : VIJAY MANOHAR SAHAI, A. G. URAIZEE, JJ. 1. We have heard Mr. S. N. Soparkar, learned Senior Counsel assisted by Mr. Parthiv B.Shah, learned advocate appearing for the appellant, Mr. N. J. Shah, learned Assistant Government Pleader appearing for respondent Nos. 1 and 4 and Ms. Megha Jani, learned advocate appearing for respondent No. 17. 2. This Letters Patent Appeal has been filed challenging the interim order dated 22.10.2013 passed by the learned single Judge in SCA No. 16102 of 2013. 3. Mr. S. N. Soparkar, learned Senior Counsel assisted by Mr. Parthiv B. Shah, learned advocate for the appellant has urged that at all four stages, Circle officer has mutated revenue entry, which has been affirmed by the Deputy Collector in the first appeal, Collector in the second appeal and Special Secretary, Revenue Department in revision. Against these orders, the writ petition was filed, wherein learned single Judge has granted interim order staying the order passed by the Special Secretary. 4. The argument is that before the authorities below, the respondents have lost. Therefore, there was no question of grant of any stay order. By the impugned order, it amounts to granting the stay order in favour of respondents though there was no prima facie case in their favour. 5. On the other hand, Ms. Megha Jani learned advocate for respondent No. 17 has opposed the appeal on the ground that the remedy of the appellant lies in filing application for vacating interim relief before the learned single Judge. Learned advocate Ms. Megha Jani has tried to argue the matter on merits but since this is an interim order, we are not entertaining the arguments on merits for the reason that if we touch the merits of the case, it will affect the proceedings before the learned single Judge. 6. Be as it may, the interest of justice will be served if we request learned single Judge to decide the writ petition itself on merits at an early date. 7. This Letters Patent Appeal is disposed of with a request to the learned single Judge to decide the writ petition on merits preferably within two months, subject to His Lordship's convenience. Ad interim order granted by the learned single Judge shall be kept in abeyance. 8. Learned counsel for the parties agree that they will cooperate in the proceeding before the learned single Judge. 9. Ad interim order granted by the learned single Judge shall be kept in abeyance. 8. Learned counsel for the parties agree that they will cooperate in the proceeding before the learned single Judge. 9. In view of the disposal of the main appeal, Civil Application also stands disposed of. Order accordingly.