Gujarat High Court Case Information System
Print
SCA/11206/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11206 of 2010
=========================================================
DEVUBEN
VEJESANG SOLANKI - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 3 - Respondent(s)
=========================================================
Appearance :
MR
JA ADESHRA for
Petitioner(s) : 1,
MR PRANAV DAVE AGP for Respondent(s) : 1,
None
for Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 27/09/2010
ORAL
ORDER
1.0 By
way of present petition, the petitioner has prayed to quash
and set aside the impugned order dated 03.07.2007 passed by the
Deputy Collector, Wadhwan in the proceedings of Gherkhed-Ordi-Case
No. 3/04-05 and also order dated 31.03.2008 passed by the Collector,
Surendranagar in proceedings of Gherkhad Ordi Appeal No. 18/07 and
also prayed to set aside all the entries made in the revenue records
in pursuance of impugned orders dated 03.07.2007 and 31.03.2008.
2.0 Learned
advocate for the petitioner has raised contention that since the
petitioner was not party in the original proceedings, he has no right
of appeal. Having considered the facts and circumstances of the case,
the petitioner can approach by way of leave to appeal before the
Tribunal. If the same is not considered by the Tribunal, it will be
open for the petitioner to file appropriate proceedings. At this
stage, it will not be appropriate to entertain this petition. The
petitioner may, therefore, approach by way of leave to appeal since
he was not party in the original proceedings. If such an application
is made, the Tribunal will consider the same on merits. .
3.0 With
the above observation, petition stands disposed of.
(K.S.JHAVERI,
J.)
niru*
Top