Delve into the details of a significant legal case involving the Special Secretary (Appeals) Revenue Department and Mr. Desai. The Gujarat High Court provided a judgement on this matter, highlighting key points and decisions regarding the case. Find out more about the outcome and implications in this blog post.
Facts
- Learned advocate Mr. Chaturvedi points out that his counterpart would have difficulty on 23.5.2024.
- The petitioner challenges the interim order dated 15.4.2024 passed by the Special Secretary (Appeals) Revenue Department.
- Senior advocate Mr. Anshin Desai argues that the Special Secretary granted stay without considering petitioner’s submissions and without providing reasons.
- Mr. Desai mentions that in proceedings challenging N.A. permission, the Special Secretary should not have passed an order restraining the petitioner.
- Advocate Mr. Chaturvedi states that the stay was granted after hearing both parties with their advocates present.
- The matter is scheduled for final hearing on 3.7.2024, and Mr. Chaturvedi requests the Court not to interfere with the impugned order.
Analysis
- The Court suggested the Assistant Government Pleader to inquire about the possibility of preponing the final hearing of the matter.
- The Special Secretary (Appeals) Revenue Department has the authority to impose costs on any party seeking adjournment to prolong the proceedings.
Decision
- The Special Secretary (Appeals) Revenue Department has shown willingness to hear the matter at an earlier date.
- No need to enter into the merits of the matter based on the willingness of the Special Secretary.
- Interest of justice will be served by directing the Special Secretary to hear and decide the revision application No. MVV/BKP/BNS/05/2024 within one month from the date of hearing.
- Parties are directed to cooperate in the process.
- An advocate can seek adjournment on the day of the hearing but the decision must be made by 30.6.2024 at the latest.
- The petition is disposed of without delving into the merits of the matter.
Case Title: VASRAMBHAI DEVSIBHAI KUMBHAR Vs. STATE OF GUJARAT
Case Number: R/SCA/7619/2024
