PARGI IBRAHIM KALABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) : The matter was called out in the first session. With a view to give an opportunity to the learned advocate for the petitioner it was kept back for the second session. In the second session also at the first call, the learned advocate for the petitioner was not present. Thereafter, in the second call, the matter is taken up for hearing.

(2.) The present petition is filed against the judgement and order in Revision Application No.SRD/ JMN/340/85 by the Additional Chief Secretary (Appeals) dated 28.2.1989. By the said order, the Additional Chief Secretary (Appeals) has rejected the Revision Application and has confirmed the order passed by the Collector dated 6.6.1981.

(3.) The petition is under Article 227 of the Constitution of India. Therefore, strictly what is to be examined is only the legality of the order of the Additional Chief Secretary (Appeal), Revenue Department. However, as the learned advocate for the petitioner is not present, the facts of the case were also examined and the same are as under.