Ex parte ad-interim relief under Article 226(3) vacates automatically after two weeks if not adjudicated, irrespective of parties' actions, ensuring prompt resolutions.

JUDGMENT :

1. By way of this Civil Application under Article 226(3) of the Constitution of India, the applicant herein – original respondent No.14 has prayed for vacation of ad-interim relief granted on 3rd August 2023 in R/Special Civil Application No.13302 of 2023. By way of an ex parte ad-interim relief, the Coordinate Bench of this Court has stayed the impugned order dated 6th May 2023 as well as stayed the further proceedings of RTS Case No.381 of 2022 pending before the Collector, Surat.

2. So as to decide the present Civil Application, basic controversy of the petition deserves to be understood as under:

2.1. The subject matter of the main proceeding is with regard to mutation of entry No.1845 pursuant to the registered sale deed dated 31st July 2008 executed by Farukbhai Valibhai Poonawala in favour of the husband of the applicant namely Parshottam Laxman Vaghani. The aforesaid sale deed was executed in favour of the husband of the present applicant for the land admeasuring 14,220 sq. mtrs. out of total 1 Lakh sq. yard.

2.2. Upon mutation of entry No.1845, the original petitioners and others have raised an objection, and thereby, RTS/Dispute Case No.133 of 2012 was registered. The learned Mamlatdar, City Taluka, Surat, however, after having considered the objection, vide its order dated 28th April 2012, cancelled the entry No.1845.

2.3. Being aggrieved by the aforesaid, the husband of the present applicant has filed RTS/Appeal No.153 of 2013 before the Deputy Collector, City Prant, Surat, on 20th June 2013. Unfortunately, thereafter, the husband of the present applicant expired on 21st August 2013. Thereafter, the present applicant was joined as heir and legal representative of deceased Parshottambhai Laxmanbhai Vaghani. The Deputy Collector, City Prant, Surat, thereafter, vide its order dated 28th April 2016, rejected the appeal.

2.4. It is the case of the present applicant that, she being an illiterate widow of Parshottambhai Vaghani, was not aware with the proceedings before the revenue authorities and as such, the order of the Deputy Collector was also not served upon her and because of her family responsibilities and the other complications of his husband’s unnatural death i.e. by way of suicide, the present applicant could not prefer an appeal within the stipulated time against the order of the Deputy Collector, City Prant, Surat. It is further the case of the present applicant that meanwhile, there was a CORONA pandemic for almost two years. However, after obtaining certified copy and taking necessary advice, the present applicant could file an appeal before the District Collector, Surat with an application for condonation of delay. The delay was approximately for 6 years.

2.5. The District Collector, Surat, after having verified and examined the record, vide its order dated 6th May 2023, was pleased to condone the delay in preferring the revision application.

2.6. Feeling aggrieved and dissatisfied by the aforesaid, the original petitioners approached the learned Special Secretary, Revenue Department (Appeals) by way of Revision Application No.73 of 2023. The said revision application was ordered to be removed from the register vide order dated 13th July 2023 on the ground that the impugned order was not appealable under Section 206 of the LAND REVENUE CODE .

2.7. Thus, the original petitioners have approached this Court by way of R/Special Civil Application No.13302 of 2023 challenging the order dated 6th May 2023 passed by the Collector, Su