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HIGH COURT OF GUJARAT
NSK
RAJPUT RAMESHBHAI VAGHAJIBHAI – Appellant
Versus
FAKIR MAHEBOOBSHA RAHIMSHA – Respondent
ORDER :
1. Heard learned Advocate Mr. Riddhesh Trivedi on behalf of the petitioner and learned Assistant Government Pleader Mr. Nikunj Kanara on behalf of respondent-State.
2. Learned Advocate Mr. Trivedi tenders additional affidavit of the petitioner. The same is taken on record.
3. By way of this petition, the petitioner challenges order dated 12.02.2025 passed by the Special Secretary Revenue Department (SSRD) more particularly whereby the SSRD has refused to grant interim relief in Revision Application preferred by the present petitioner more particularly against an order passed by the Collector, Banaskantha in Appeal Case No. 12 of 2023 dated 07.03.2024 whereby the Collector has set aside an order dated 29.09.2022 passed by the Deputy Collector, Tharad.
4. Considering the submission made by learned Advocate Mr. Trivedi and learned Assistant Government Pleader Mr. Kanara, it would prima facie appear to this Court that vide the order dated 29.09.2022, the Deputy Collector had rejected a revision application by the third party applicant, who according to the petitioner did not have any locus as regards the property in question. Perusing the order it would appear that while the aspect
The court emphasized the necessity of granting interim relief to prevent irreversible prejudice during ongoing proceedings.
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.
The court emphasized the need for timely resolution of disputes regarding land ownership and the validity of interim orders in the context of family partition claims.
Point of law: Protection of possession - specific instances given in writing in the memo of appeal to point out that in few cases, enormous delay is condoned by the very authority, but the same has n....
The court held that parties must establish their civil rights before seeking interim relief in revenue proceedings.
A revision petition before the Board of Revenue is not maintainable when an appeal provision is available. An aggrieved party can either move the appellate court or approach the same court which pass....
A revision petition against an ex-parte ad-interim stay order is not maintainable if an appeal is available under the relevant legal provisions.
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