BIREN VAISHNAV, J. - (1.)This petition under Art. 226 of the Constitution of India has been filed by the petitioners challenging the notices dtd. 6/4/2021 and 3/6/2021.
(2.)The case of the petitioners is that the respondent no. 2 is threatening to seal the building in question. While issuing notice in this petition, this court on 18/6/2021 has passed the following order:
"1. Mr.D.K.Trivedi, learned advocate for the petitioners submits that the petitioners had purchased the plots in the year 2006 with the existing construction. It is submitted that as per the map enclosed with the permission it clearly shows that the existing construction on the ground floor of both these plots in aggregate was 392.13 Sq.Meters. It is further submitted that necessary permission was granted by the Bholav Gram Panchayat on 19/4/2007. The construction has been carried out in conformity with the said permission and there is no unauthorized or illegal construction on the plots in question. It is submitted that there appears to be some mistaken belief on the part of the respondent authority that the construction has been carried out on the road, however, no such construction is there on the portion of the road.

2. It is further submitted that office of the Collector, has issued communication dtd. 10/1/2019, whereby, the application of the petitioners for regularization of the construction has been rejected. The petitioners being aggrieved of the letter dtd. 10.01.2019, have approached Special Secretary Revenue Department, the said appeal before the Special Secretary Revenue Department is still pending. Despite the pendency of the appeal before the Special Secretary Revenue Department, respondent no.2 has issued communication dtd. 09.06.2021 requiring the petitioners to remove the construction failing which, the construction shall be removed on 18.06.2021 at 10.30 a.m. It is urged that let there be a direction to the Special Secretary Revenue Department to decide the appeal and till that time, the authorities may not take any action otherwise the petition as well as the appeal before the Special Secretary Revenue Department would be rendered infrucuous.

3. Considering the submissions, issue Notice returnable on 25/6/2021.

4. In the meantime, the parties are directed to maintain status quo. Direct service is permitted today."

(3.)It is the case of the petitioners therefore as is evident from the order that in context of the same land over which the properties are situated, on a request made to the Collector to regularize the construction, that application was rejected by an order dtd. 10/1/2019.