C/SCA/11818/2012 ORDER DATED: 18/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 11818 of 2012 ========================================================== SHAH ANJANABEN NANURAM SOMANI & ORS. Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR.D K.PUJ(3836) for the Petitioner(s) No. 1,2,3,4,5 MR JAY BAROT AGP for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 2,3,8 ========================================================== CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 18/09/2025 ORAL ORDER 1. The present writ petition has been filed impugning the order dated 16.07.2012 passed by the Secretary (Appeals), Revenue Department rejecting the stay application of the petitioners pending the revision application before it. 2. Though served, the contesting respondents have chosen not to appear in the case and no appearance is entered on their behalf. Neither the said respondents are present today at the time of hearing of this petition. 3. By the impugned order, Secretary (Appeals), Revenue Department has rejected the stay application on the ground that the applicants have not produced any evidence in respect of they being legal heirs of deceased Vadilal Dungarji and they have only been substituted in one of the survey numbers in respect of the many lands owned by the deceased. In view thereof, Secretary (Appeals), Revenue Department has rejected the stay application. C/SCA/11818/2012 ORDER DATED: 18/09/2025 4. This Court had issued Notice in the present case on 03.09.2012. After service of the same, vide order dated 23.12.2013, Rule came to be issued and the order of the Collector dated 05.04.2012 came to be stayed by this Court. The stay order has continued till date i.e. for a period of around 12 years. 5. Learned advocate for the petitioners submits that the stay order passed by this Court may be continued pending the revision proceedings and the revision application pending before the Secretary (Appeals), Revenue Department may be disposed of within a stipulated period of time. 6. Mr. Jay Barot, learned Assistant Government Pleader on behalf of the respondent authorities submits that vide order dated 27.02.2017, the Revision Application No.MVV/HKP/SBR/41/2012 has been de-registered with the direction to be taken up for hearing after final orders passed in the present petition. 7. As none of the respondents have entered their appearance and contested the petition and there is an interim order in favour of the petitioners continuing from 23.12.2013 till date and further taking into consideration the submissions made by the learned advocate for the petitioners, the present Special Civil Application is disposed of with a direction that the stay granted by this Court vide order dated 23.12.2013 shall continue till disposal of the revision application pending before the Secretary (Appeals), Revenue Department. 7.1 Since the revision application is of the year 2012, the Secretary (Appeals), Revenue Department is directed to hear and decide the same on its own merits and in accordance with law C/SCA/11818/2012 ORDER DATED: 18/09/2025 within a period of six months from the date of receipt of this order after giving due notice to all the parties. All the contentions of the parties are kept open to be agitated before the learned Secretary (Appeals) and it is clarified that no opinion is expressed on the merits of the case. The present Special Civil Application is accordingly disposed of. Rule is made absolute to aforesaid extent. No order as to costs. (ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: KAUSHIKKUMAR DINESHCHANDRA CHAUHAN(HC00197), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 18/09/2025 17:20:13