PATEL KESHAVLAL PURSHOTTAMDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Articles 226 and 227 of the Constitution of India, petitioners have prayed for appropriate writ, direction or order quashing and setting aside the impugned order dated 03.09.2009 passed by the Officer on Special Duty and Deputy Secretary (Inquiry), Panchayat, Rural Housing and Urban Housing Development Department, State of Gujarat passed in Revision Application No.JMN-2008-R.A.27-C at Annexure B to the petition, by which the learned Revisional Authority has allowed the said Revision Application preferred by the respondent No.2 herein by quashing and setting aside the decision of the Appellate Committee of District Panchayat, Mehsana dated 30.04.2008 in Appeal No.DP / Appeal / 18/07-2008.

(2.) Having heard Shri Rakesh Patel, learned advocate appearing on behalf of the petitioners and considering the impugned order passed by the Revisional Authority and considering the fact that the Appeal preferred by the petitioners was allowed by the Appellate Committee of District Panchayat, Mehsana without giving an opportunity to the respondent No.2 and infact the respondent No.2 was not joined as a party in the said Appeal and considering the above, when the learned Revisional Authority has quashed and set aside the order passed by the Appellate Committee of District Panchayat, Mehsana dated 30.04.2008 in Appeal No.DP / Appeal / 18/07-2008, it cannot be said that the learned Revisional Authority has committed any error. It is not in dispute that the decision of the Appellate Committee, District Panchayat, Mehsana was affecting the respondent No.2 and the name of the respondent No.3 was removed from the record and still the respondent No.2 was not joined as party in Appeal before the Appellate Committee. In such a situation, when the Revisional Authority has set aside the order passed by the Appellate Committee, it cannot be said that the order of the Revisional Authority is bad in law, which calls for interference by this Court under Articles 226 and 227 of the Constitution of India.

(3.) In view of the above, there is no substance in the petition which deserves to be dismissed and is, accordingly, dismissed.