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SCA/5374/2010 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5374 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
PRABHUDASBHAI
MOTIBHAI PATEL - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================
Appearance :
MRCHIRAGBPATEL
for Petitioner(s) : 1,
MR
MR MENGDEY, AGP for Respondent(s) : 1 -
3
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 06/08/2010
ORAL
JUDGMENT
1. RULE.
Shri M.R. Mengdey, learned AGP
waives service of notice of rule on behalf of the respondents.
2. In
the facts and circumstances of the case and with the consent of the
learned advocates appearing on behalf of the respective parties, the
present petition is taken up for final hearing today.
3. By
way of this petition under Article 227 of the Constitution of India
the petitioner has prayed for an appropriate writ, order or direction
quashing and setting aside the order dated 08/01/1998 passed by the
Deputy Collector, Vadodara as well as the order passed by the
Collector, Vadodara dated 21/04/1999 in Appeal No. 1/1998 dismissing
the appeal confirming the order passed by the Deputy Collector,
Vadodara dated 08/01/1998 as well as the impugned order passed by
the learned revisional authority i.e. the Secretary (Appeals),
Revenue Department, State of Gujarat dated 02/02/22010 in Revision
Application No. 7/1999.
4. Having
heard the learned advocates appearing on behalf of the respective
parties, it appears that vide order dated 08/01/1998, Deputy
Collector, Vadodara in exercise of suo
motu powers
quashed and set aside the order of the Mamlatdar, Savli dated
03/12/1996, which came to be confirmed by the Collector, Vadodara as
well as the learned Secretary (Appeals), Revenue Department, State of
Gujarat by respective orders dated 21/04/1999 and 02/02/2010.
Considering the fact that the order passed by the Deputy Collector
quashing and setting aside the order passed by the Mamlatdar, Savli
dated 03/12/1996 is in breach of principles of natural justice, the
same deserves to be quashed and set aside on the aforesaid ground
only and the matter is to be remanded to the Deputy Collector,
Vadodara for passing a fresh order in accordance with law and on its
own merits after giving an opportunity to the petitioner. It is
agreed by the learned advocate appearing on behalf of the petitioner
that the petitioner shall now appear before the Deputy Collector,
Vadodara for hearing on 26/08/2010 and the present order may be
treated as notice informing the petitioner with respect to the next
date of hearing before the Deputy Collector and no further
notice shall be issued upon the petitioner.
5. In
view of the above and for the reasons stated hereinabove, the order
passed by the Deputy Collector, Vadodara dated 08/01/1998, the order
passed by the Collector, Vadodara dated 21/04/199 and the order
passed by the learned Secretary (Appeals), Revenue Department, State
of Gujarat dated 02/02/2010 are hereby quashed and set aside and the
matter is remanded to the Deputy Collector, Vadodara for deciding the
suo motu (Review.
S.R. No. 17/1997) Revision Application No. 69/1998 to decide the same
afresh in accordance with law on its own merits. As observed
hereinabove and as agreed by the petitioner that now the petitioner
shall appear before the Deputy Collector, Vadodara for making the
submissions, either in person or through his advocate, on 26/08/2010
and thereafter, the Deputy Collector, Vadodara to pass an appropriate
order in accordance with law on its own merits, without, in any way,
being influenced by the present order as this Court has not
expressed any opinion on merits in favour of either parties and the
impugned order passed by the Deputy Collector, Vadodara is set aside
solely on the ground that the same is in breach of principles of
natural justice.
6. With
this, the present petition is allowed. Rule is made absolute to the
aforesaid extent with no order as to cost.
Direct
service is permitted.
(M.R.
SHAH, J.)
siji
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