Gujarat High Court Case Information System
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SCA/8206/2010 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8206 of 2010
With
SPECIAL
CIVIL APPLICATION No. 8699 of 2010
To
SPECIAL
CIVIL APPLICATION No. 8707 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 ?
=========================================
NAGAARJUNBHAI
MERUBHAI CHAUHAN - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 19 - Respondent(s)
=========================================
Appearance
:
MR AR
MAJMUDAR for
Petitioner(s) : 1,
In
Special Civil Application Nos.8206/2010
MR
M.R. MENGDEY, ASSTT. GOVERNMENT PLEADER for Respondent(s) : 1,
In
Special Civil Application Nos.8699/2010 to 8701/2010
MR
NEERAJ SONI, ASSTT. GOVERNMENT PLEADER for Respondent(s) : 1,
In
Special Civil Application Nos.8702/2010 to 8704/2010
MS
TRUSHA K. PATEL, ASSTT. GOVERNMENT PLEADER for Respondent(s) : 1,
In
Special Civil Application Nos.8705/2010 to 8707/2010
MR
PRANAV DAVE, ASSTT. GOVERNMENT PLEADER for Respondent(s) : 1,
None
for Respondent(s) : 2 - 20.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 29/07/2010
COMMON
ORAL JUDGMENT
Rule.
Learned Assistant Government
Pleaders in respective petitions
waives service of notice of
Rule on behalf of respondent State.
1. As
this Court proposes to remand the matter to the Secretary (Appeals),
Revenue Department, State of Gujarat to decide and dispose of the
Revision Application Nos.1/2008 to 9/2008 and Revision Application
No.15/2008, as only those orders are challenged in the present
Special Civil Applications, the private respondents are not required
to be heard and as the impugned orders are passed by the Secretary
(Appeals), Revenue Department, State of Gujarat in suo
motu Revision
Applications, only State is required to be heard and that is how
learned Assistant Government Pleaders are heard.
2. In
all these petitions, respective common petitioner (original owner)
has prayed for an appropriate writ, direction or order quashing and
setting aside the impugned judgment and order dated 15.01.2010 passed
by the Secretary (Appeals), Revenue Department, State of Gujarat in
Revision Application Nos.1/2008 to 9/2008 and Revision Application
No.15/2008, by which the Secretary (Appeals), Revenue Department,
State of Gujarat in exercise of the powers under Section 211 of the
Bombay Land Revenue Code has quashed and set aside the respective
orders passed by the Taluka Development Officer mentioned in
paragraph 6 of the said order, by which the Taluka Development
Officer, Vadodara quashed and set aside the non-agriculture use
permission granted in favour of original owner and/or respective
persons and imposing 10 times (pet) penalty. The main grievance of
the petitioner is that though the petitioner is the owner of the
disputed lands in question, petitioner is not heard and therefore,
the impugned orders passed by the respondent State of Gujarat is
in breach of principles of natural justices.
3. Having
heard learned advocates appearing for respective parties and
considering the above submissions, this Court is of the opinion that
being an owner, petitioner ought to have been given an opportunity.
Under the circumstances, impugned orders passed by the Revisional
Authority passed in aforesaid Revision Application Nos.1/2008 to
9/2008 and Revision Application No.15/2008 deserves to be quashed and
set aside and the matters are to be remanded to the Secretary
(Appeals), Revenue Department, State of Gujarat for deciding the same
afresh in accordance with law and on merits and after giving an
opportunity to petitioner and all other concerned.
4. In
view of the above and for the reasons stated above, without further
entering into merits of the case and/or expressing anything on
merits, impugned order dated 15.01.2010 passed by the
Secretary(Appeals), Revenue Department, State of Gujarat in suo
moto Revision Application Nos.1/2008 to 9/2008 and Revision
Application No.15/2008 are hereby quashed and set aside and the
matter is remanded to the Secretary (Appeals), Revenue Department,
State of Gujarat to decide and dispose of the same and pass an
appropriate order in accordance with law and on merits and after
giving an opportunity to the petitioner and all concerned. Let the
petitioner submit an appropriate application before the Revisional
Authority in the aforesaid proceedings for permitting him to be
joined as party, within a period of three weeks from today and
Revisional Authority is hereby directed to permit the applicant to be
joined as party respondent in the aforesaid Revision Application
Nos.1/2008 to 9/2008 and Revision Application No.15/2008 and pass an
appropriate order in accordance with law and on merits after giving
an opportunity of hearing to the petitioner as well as all other
concerned. The aforesaid exercise shall be completed within a period
of four months from the date of receipt of the present order. Rule
is made absolute in each of the petitions to the aforesaid extent
only. In the facts and circumstances of the case, no order as to
costs. Direct service is permitted.
(M.R.
Shah, J.)
*menon
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