BHARTIBEN CHOTUBHAI PADHIAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.M.R.Mengdey, learned AGP waives service of notice of Rule on behalf of respondent Nos.1 to 3 and Mr.V.D.Parghi, learned advocate waives service of notice of Rule on behalf of respondent Nos.4 to 7.

(2.) In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, the present petition is taken up for final hearing today.

(3.) By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for an appropriate writ, order and/or direction, quashing ad setting aside the impugned order dated 17/03/2009 passed by learned Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No.3/2008, by which, Revisional Authority has dismissed the said Revision Application solely on the ground of delay. It appears that being aggrieved by and dissatisfied with the order passed by the Collector, Valsad in Case No.4/2006, the petitioner has preferred Revision Application No.3/2008 before the Secretary (Appeals), Revenue Department, State of Gujarat. It was the specific case on behalf of the petitioner that the order dated 23/11/2006 passed by the Collector, Valsad was not served upon the petitioner and the petitioner came to know about the aforesaid order only when he received Notice from the Mamlatdar on 07/07/2008 in furtherance of the order dated 23/11/2006. Revisional Authority did not accept the above contention and dismissed the Revision Application by holding that no case is made out to condone the delay. Being aggrieved by and dissatisfied with the order passed by the Revisional Authority, the petitioner has preferred the present petition under Articles 226 and 227 of the Constitution of India.