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SCA/9188/2010 3/ 3 ORDER
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THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9188 of 2010
=========================================================
ANOPBA
SHAMANTBHAI PATAGEER - Petitioner(s)
Versus
CHIEF
CONTROLLING REVENUE AUTHORITY & 2 - Respondent(s)
=========================================================
Appearance
:
MR
SANDEEP N BHATT for
Petitioner(s) : 1,
None for Respondent(s) : 1 - 2.
MR AMITE
PATEL AGP for Respondent(s) :
3,
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CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 07/09/2010
ORAL
ORDER
Heard
learned advocate Mr. AR Patel with learned advocate Mr. SN Bhatt on
behalf of petitioner, learned AGP Mr. Amit Patel appearing for
respondent state authority.
The
Dy. Collector has passed an order on 2/7/2003 after giving
reasonable opportunity of hearing to petitioner and before that
notice was served to petitioner dated 22/2/2002. The order which
has been passed by Dy. Collector has been challenged by petitioner
by filing appeal before Chief Controlling Revenue Authority in
November, 2003. But no opportunity of hearing has been given to
petitioner and no communication has been made to petitioner by Chief
Controlling Revenue Authority in respect to fixing hearing whether
appeal is preferred by petitioner is in time bar or not? Straight
way letter has been received by petitioner dated 23/3/2010, which is
at page 40 where it has been mentioned and noted that appeal
preferred by petitioner under section 32(B) is beyond limitation of
period and Chief Controlling Revenue Authority has no power to
condone it.
In
light of this back ground, let petitioner may approach by detailed
representation to Chief Controlling Revenue Authority for grievance
that after filling an appeal in November, 2003 whether any hearing
has been fixed by Chief Controlling Revenue authority or not and
whether any notice was served to petitioner or not? Thereafter, to
consider original record and pass appropriate reasoned order on such
representation which will be made by petitioner within a period of
one month from date of receiving copy of present order.
After
receiving it, Chief Controlling authority is directed to decide it
on the basis of considering original record then to pass appropriate
reasoned order within a period of four months from date of receiving
such representation from petitioner and communicate decision
immediately to petitioner.
In
view of above observation and direction, present petition is
disposed of by this Court.
(H.K.RATHOD,
J)
asma
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