M.R. Shah, J.—By way of this petition under Articles 226 and 227 of the Constitution of India, petitioner - seller of the land in question has prayed for appropriate writ, direction or order quashing and setting aside the impugned order dated 08.07.2010 passed by the Revisional Authority i.e. Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No. 7/2010 by which the Revisional Authority has refused to grant stay of the order passed by the Collector, Mehsana dated 29.12.2009 in R.T.S. Appeal No. 153/2009.

2. At the outset it is required to be noted that this Court is conscious of the fact that the present petition is filed challenging the order passed by the Revisional Authority in not granting stay during the pendency of the Revision Application. However, despite the fact that at the initial stage, he was pointed out that Revision Application is still pending, the learned Advocate appearing on behalf of the petitioner has made submission on merits for more than 30 minutes and has addressed the Court on merits and therefore, this Court is constrained to consider the case on merits as the learned Advocate appearing on behalf of the petitioner has