Murtadha Anwar Ali Khojana vs The Special Secretary (Appeals), ...
2023 Latest Caselaw 1655 Guj

       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
==========================================================
                   MURTADHA ANWAR ALI KHOJANA
                              Versus
      THE SPECIAL SECRETARY (APPEALS), REVENUE DEPARTMENT
==========================================================
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
==========================================================

 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

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

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