The court allowed the petitioners to withdraw their petition, reserving the right to challenge the Collector's order while extending interim relief until 28.02.2025.

ORDER :

1. Heard learned Advocate Mr. Aditya Dave for learned Advocate Mr. Rohan Lavkumar for the petitioners and learned AGP Mr. Nikunj Kanara for the respondent-State.

2. While the present petition had preferred challenging order dated 23.08.2018 passed by the Collector, Bhavnagar and whereas vide an order dated 24.07.2019, a learned Co-ordinate Bench of this Court had granted interim relief in terms of staying the order in question, learned Advocate Mr. Dave, under instructions, would request the the petitioners may be permitted to withdraw the present petition, more particularly with liberty to challenge the order passed by the Collector before the revisional authority and in the interregnum for a brief period, the interim relief be extended. Learned Advocate Mr. Dave would further request that the time consumed by approaching this Court and during pendency of the present petition, may be directed to be appropriately considered by the revisional authority while deciding an application which would be preferred by the petitioners for condoning the delay.

4. The request made by the learned Advocate being reasonable is accepted, more particularly having regard to the fact that the interim relief was granted by this Court vide order dated 24.07.2019, which has continued for almost 05 years.

5. Having regard to the above, it would appear to this Court that following directions would meet with ends of justice.

(i) The present petition stands disposed of as withdrawn.

(ii) Liberty is reserved in favour of the petitioner to challenge order dated 23.08.2018 passed by the Collector, Bhavnagar before the revisional authority.

(iii) Interim relief granted by this Court vide order dated 24.07.2019 that is in the nature of staying operation and execution of order dated 23.08.2018, is directed to be continued till 28.02.2025.

(iv) The revisional authority shall appropriately consider the fact of the petitioners having approached this Court directly challenging the order of the Collector and the time which has elapsed during the pending of the present petition, while deciding an application for condoning delay which would be filed by the petitioners along with revision application as well as application for grant of interim.

(v) The revisional authority shall first decide the application for condoning the delay in filing the revision application within a period of four weeks from the date of filing and whereafter the revisional authority shall consider the application for grant of interim relief.

(vi)It is clarified that this Court has not gone into the merits of the matter.