C/LPA/129/2023 ORDER DATED: 17/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 129 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 15431 of 2022
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
In R/LETTERS PATENT APPEAL NO. 129 of 2023
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MURTADHA ANWAR ALI KHOJANA
Versus
THE SPECIAL SECRETARY (APPEALS), REVENUE DEPARTMENT
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Appearance:
MR DHAVAL DAVE, SENIOR ADVOCATE assisted by
MR DARSHAN M VARANDANI(7357) for the Appellant(s) No. 1
MR RS SANJANWALA, SENIOR ADVOCATE assisted by
MR AMAR D MITHANI(484) for the Respondent(s) No. 10 (contesting
respondent)
MR SAHIL B TRIVEDI, AGP for the Respondent(s) No. 1 - State
for the Respondent(s) No. 11,12,13,2,3,4,5,6,7,8,9
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CORAM:HONOURABLE THE CHIEF JUSTICE MS. JUSTICE
SONIA GOKANI
and
HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 17/02/2023
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MS. JUSTICE SONIA GOKANI)
1. Aggrieved by the order dated 07.10.2022 passed by the learned Single Judge of this Court in Special Civil Application No.15431 of 2022, whereby the Court rejected the prayer for stay of operation, implementation and execution of Page 1 of 3 Downloaded on : Tue Feb 21 20:44:48 IST 2023 C/LPA/129/2023 ORDER DATED: 17/02/2023 the order passed by the 20.07.2022 passed by the Special Secretary, Revenue Department, Ahmedabad in Revision Application No.89 of 2021, the present appeal is preferred with the following prayers :
" 5(A) Your Lordships be pleased to admit and allow this Letters Patent Appeal, in the interest of justice;
(B) Your Lordships be pleased to quash and set aside the judgment and order dated 07.10.2022 passed in Special Civil Application No.15431 of 2022 in the interest of justice;
(C) Your Lordships be pleased to grant such other and further reliefs as the Hon'ble Court may deem fit in the facts and circumstances of the case;"
2. We have heard learned senior advocate Mr. Dhaval Dave, assisted by learned advocate Mr. Darshan Varandani for the appellant and learned senior advocate Mr.R.S. Sanjalwala, assisted by learned advocate Mr. Amar D. Mithani for the respondent No.10 - caveator - contesting respondent.
3. Before learned counsels proceed to argue the matter on merits, it has been conveyed to this Court that now the matter being Special Civil Application No.15431 of Page 2 of 3 Downloaded on : Tue Feb 21 20:44:48 IST 2023 C/LPA/129/2023 ORDER DATED: 17/02/2023 2022 is fixed on 13.03.2023 for the purpose of admission. Both the sides have shown their willingness to proceed with the matter finally. They have also made a request that the same be posted before the learned Single Judge for final hearing on 13.03.2023.
4. Considering the preparedness of both the sides and the nature of dispute, rather than examining the merit of the order, which is impugned before this Court in this appeal, we would request the learned Single Judge to take up the matter for final hearing, expeditiously as possible.
5. With the above, this appeal is disposed off without entering into the merits.
6. Civil Application would not survive and is disposed off accordingly.
(SONIA GOKANI,CJ) (SANDEEP N. BHATT,J) M.H. DAVE Page 3 of 3 Downloaded on : Tue Feb 21 20:44:48 IST 2023