ORAL ORDER
1. Heard learned advocate Mr. Shital Patel for Mr. Kishan H. Daiya for the petitioners.
2. By way of this petition, the petitioners have challenged the order dated 28.10.2021 passed by the Deputy Collector, Land Reforms, Surat in Tenancy Case No. Ganot-1/Ganot/Revision Case No.148-2020/Vashi 5282 to 5293 of 2021.
3. When the matter was taken up for hearing, learned AGP Mr. Jainil Parikh for the respondent - State points out that the petitioners are requiring to file a revision application under section 76 of the Gujarat Tenancy and Agricultural Lands Act before the Gujarat Revenue Tribunal.
4. Learned advocate Mr. Shital Patel for the petitioners apprehends that before the Gujarat Revenue Tribunal his
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matter may not be heard in near future and therefore, he requests that suitable directions may be given to the Gujarat Revenue Tribunal to hear and decide the revision application that the petitioner may file as early as possible including interim stay application.
5. In view of that, learned advocate Mr. Shital Patel for the petitioners seeks permission to withdraw the present petition with a view to avail appropriate remedy under section 76 of the Gujarat Tenancy and Agricultural Lands Act by filing revision application before the Gujarat Revenue Tribunal.
6. In view of above, permission as prayed for to withdraw the petition with a view to file revision application challenging the impugned order in this petition is granted.
7. At this stage, learned advocate Mr. Shital Patel submits that a revision application challenging the impugned order in this petition will be filed within a period of one week from today. As the certified copy of the impugned order passed by the Deputy Collector, Land Reforms, Surat is placed before this Court along with this petition, filing of certified copy of the impugned order may be directed to be dispensed with and suitable directions be given to Gujarat Revenue Tribunal for early hearing of revision application that the petitioner may file. Accordingly, it is directed that filing of such certified copy along with the revision application be dispensed with and
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the same is directed to be filed within a period of one month from today and undertaking to that effect be given to the Gujarat Revenue Tribunal by the petitioner. If and when such revision application is filed before the Gujarat Revenue Tribunal, the Gujarat Revenue Tribunal is directed to hear and decide the application as early as possible. However, Gujarat Revenue Tribunal also directed to hear and decide the application for stay that the petitioner may prefer within a period of 6 weeks preferably from the date of filing of this application.
8. With the aforesaid directions, the present petition is disposed of as withdrawn.
9. It is clarified that this Court has not gone into the merits of the matter and Gujarat Revenue Tribunal shall decide the revision application as well as application for stay independently on its own merits, without being influenced by the fact that the present petition is withdrawn.
Direct service is permitted.
(NIRZAR S. DESAI,J)
VARSHA DESAI
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