KAVITABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Articles 226 & 227 of the Constitution of India, the petitioners have prayed for an appropriate writ, direction and order quashing and setting aside the impugned order dated 4.2.2009 passed by the Deputy Secretary, Urban Development and Urban Housing Development Department, State of Gujarat passed in Revision Application No. 3 of 2003 by which the revision application preferred by the husband of petitioner no. 1.1 and father of petitioner nos. 1.2 to 1.4 has been dismissed confirming the order passed by the Collector, Navsari dated 24.4.2002 passed in Appeal No. 32 of 2004.

(2.) It is the case of the petitioners that the impugned order passed by the revisional authority is in breach of principles of natural justice, as the same has been passed without giving an opportunity to the original revisionist. It is submitted that in fact, the learned Single Judge of this Court passed an order dated 11.11.2008 directing the revisional authority- State Government to decide the revision application within a period of two months and after hearing the concerned parties, however after the said order, no hearing had taken place and straightway revisional authority has dismissed the said revision application.

(3.) Ms. Trusha Patel, learned AGP has tried to submit that as earlier the parties were heard, however in view of the pendency of Special Civil Application No.3649 of 2002, final order was not passed. Therefore, it is submitted that it cannot be said that the impugned order is in breach of principles of natural justice.