Gujarat High Court Case Information System
Print
SCA/3294/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3294 of 2011
======================================
AGRICULTURE
PRODUCE MARKET COMMITTEE THROUGH SECRETARY - Petitioner
Versus
STATE
OF GUJARAT THROUGH REVENUE SECRETARY & 1 - Respondents
======================================
Appearance :
MR
MB GANDHI for the Petitioner.
MR PRANAV DAVE, AGP for the
Respondents.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 14/03/2011
ORAL
ORDER
1. A
grievance, which is voiced in the present petition is that despite
the fact that Special Civil Application No.2989/1994 is pending
before this Court, still an entry is made in the revenue record
showing that the aforesaid Special Civil Application is dismissed by
this Court and the same is subsequently certified.
2. At
the outset it is required to be noted and it is not in dispute that
Special Civil Application No.2989/1994 was dismissed for default for
non-prosecution by this Court and, thereafter, the office of the
Government Pleader sent copy of the said order to the appropriate
authority and, thereafter, the aforesaid entry was made. However, it
appears that subsequently Special Civil Application No.2989/1994 is
restored to file as per order dated 26/08/2009 passed by this Court
in Misc.Civil Application 1968/2009. Nothing is on record showing
that after the entry is certified, the petitioner approached the
Appropriate Authority pointing out that in fact the aforesaid Special
Civil Application No.2989/1994 is restored to file and, therefore,
earlier entry be corrected and necessary fresh entry be made in the
revenue record. If the petitioner would have approached the
appropriate authority pointing out the aforesaid facts, certainly
appropriate authority would have corrected earlier entry and made
necessary fresh entry in the revenue record.
3. In
view of the above, the present petition is not entertained. It will
be open for the petitioner to approach Appropriate Authority/ Revenue
Authority pointing out the aforesaid facts and pendency of the
aforesaid Special Civil Application No.2989/1994. As and when such
application is made, it goes without saying that the appropriate
authority will take corrective measures.
With
this, the present petition is dismissed. No costs.
[M.R.SHAH,J]
*dipti
Top