IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 488 of 2025 ==========================================================

NAJMABANU MOHAMMADHASAN RAVANI Versus STATE OF GUJARAT & ORS.

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Appearance:

MR APURVA R KAPADIA(5012) for the Petitioner(s) No. 1 MR NIKUNJ KANARA, ASST. GOVERNMENT PLEADER for the Respondent(s) No. 1,2,4,5 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 16/01/2025

ORAL ORDER

1. Heard learned Advocate Mr.Apurva Kapadia on behalf of the petitioner and learned Assistant Government Pleader Mr.Nikunj Kanara on behalf of respondent- State.

2. By way of this petition, the petitioner inter alia challenges an order dated 18.12.2024 passed by the Special Secretary Revenue Department in Revision Application No. JMN/NMD/3/2023 whereby order passed by the Deputy Collector dated 16.03.2023 upon recommendations by the Land Grabbing Committee, was challenged and whereas vide the impugned order, the Special Secretary Revenue Department has refused to grant any interim relief in favour of the petitioner.

3. Considering the submission made by learned Advocate for the petitioner and having regard to the documents on record, prima facie it would appear to this Court that the fact of the petitioner alleging to hold the land for last 9 years on the strength of an agreement between the parties, was a relevant issue, which would make out a prima facie case in favour of the present petitioner and whereas it would also appear that non grant of interim relief, would lead to irreversible consequences, inasmuch as the respondent authorities would now move to demolish the properties on the land in question or would ensure that the petitioner would vacate the land in question and take possession thereof. Considering such an aspect, to this Court, it would prima facie appear that while interim relief ought to be granted, at the same time to balance the equities, Special Secretary Revenue Department could also be directed to decide the revision application within a reasonable period of time.

4. Having regard to the prima facie observations, issue Notice for final disposal returnable on 14.02.2025. Learned AGP waives service of notice on behalf of respondent-

State. Direct service for rest of the respondents is permitted.

4.1. By way of interim relief, the order impugned before the Special Secretary Revenue Department i.e order dated 16.03.2023 passed by the Deputy Collector, Dediyapada in Case No. 2 of 2022, shall remain stayed.

(NIKHIL S. KARIEL,J)

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