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High CourtsSingle Bench(2010) 12 GUJ CK 0198

Ashok Chanduji Thakor vs Deputy Collector and Others

Gujarat High Court · Decided on 29 December 2010

HON’BLE JUDGES
R.R. Tripathi, J
CASE NUMBER
Special Civil Application No. 16247 of 2010

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Judgment

6 paragraphs · 344 words

Ravi R. Tripathi, J.—Learned advocate Mr Amit Panchal with Mr Ashish M. Dagli for the Petitioner tenders an amended copy of memo of petition. The same is taken on record.

2.

The present petition is filed being aggrieved by the order passed by the Special Secretary, Revenue Department (Appeals) dated 18.12.2010, wherein the Special Secretary, Revenue Department (Appeals), without application of mind, refused to grant the interim relief though the matter pertains to ''demolition of the construction in Wada land.''

3.

Learned advocate for the Petitioner states that it is a residential unit which is constructed. The Special Secretary, Revenue Department (Appeals) refused to grant interim relief by recording that ''if the interim relief will not be granted, no irreparable loss will be caused to the Petitioner as there is no material placed to establish the same.'' Taking that into consideration, the Court issued notice on 20.12.2010 and the learned AGP was asked to take instructions and state as to in which circumstances the ad-interim relief can be granted. The authorities were restrained from demolishing the structure standing in City Survey No. 481 Mouje Amli, Taluka Dascroi.

4.

In view of the fact that the Revision Application is pending before the Special Secretary, Revenue Department (Appeals), it is deemed fit that the authorities be directed to decide that Revision Application as early as possible, according to the workload with the authority and till then, the demolition work should not be undertaken.

5.

Rule. Learned AGP, Ms Jirga Jhaveri waives service of rule. For the aforesaid reasons, this petition is allowed with a direction that the Special Secretary, Revenue Department (Appeals) shall hear the Revision Application at the earliest and till then, the demolition work should not be undertaken.

At the request of the learned advocate for the Petitioner, it is clarified that after the decision in Revision Application is communicated, for a period of 10 days, the demolition work should not be undertaken if the order is against the Petitioner. Rule is made absolute with no order as to costs. Direct service is permitted.