JITENDRA DALCHARAM TRIVEDI Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) By way of this petition under Articles 226 and 227 of the Constitution of India, petitioner herein has prayed for appropriate writ, direction or order quashing and setting aside the impugned order dated 17.12.2009 passed by the Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No.66/1999, by which the learned Revisional Authority has dismissed the said Revision Application preferred by the petitioner by confirming the order passed by the Collector, Ahmedabad dated 18.02.1997 passed in Revision Application No.159/1996 by which the Collector confirmed the order passed by the Deputy Collector, Dholka Prant, Dholka in R.T.S. Appeal No.30/1996 quashing and setting aside the mutation entry No.5780 dated 16.11.1989, which was in favour of the petitioner.

(2.) Main contention on behalf of the petitioner is that before cancelling the mutation entry No.5780 dated 16.11.1989, no opportunity has been given to the petitioner and/or the said order has been passed by the Deputy Collector, Dholka Prant, Dholka without giving any opportunity to the petitioner. To consider the above, this Court called the record and proceedings from the office of the Deputy Collector, Dholka Prant, Dholka and record of R.T.S. Appeal No.30/1996 and considering the record, it appears that no notice was send to the petitioner i.e. respondent of R.T.S. Appeal No.30/1996 and the endorsement of serving the notice of aforesaid R.T.S. Appeal No.30/1996 is that of one Kantibhai M. Bharwad who was Power of Attorney of the original appellants. Thus, it appears that the order passed by the Deputy Collector, Dholka Prant, Dholka in R.T.S. Appeal No.30/1996 is in breach of principles of natural justice. Though the aforesaid fact was pointed out before the Revisional Authority, the same has not been properly appreciated by the Secretary (Appeals), Revenue Department and even the R & P of R.T.S. Appeal No.30/1996 from the office of Deputy Collector, Dholka Prant, Dholka was not called for. Under the circumstances, on the aforesaid ground alone, the orders passed by all the Authorities below inclusive of the order passed by the Deputy Collector, Dholka Prant, Dholka in R.T.S. Appeal No.30/1996 deserves to be quashed and set aside and the matter is to be remanded to Deputy Collector, Dholka Prant, Dholka for deciding the R.T.S. Appeal No.30/1996 afresh and after giving an opportunity to all concerned.

(3.) This Court has also considered the affidavit-in-reply filed by the respondent No.4 original revisionist, however, considering the fact that the order passed by the Deputy Collector, Dholka Prant, Dholka in R.T.S. Appeal No.30/1996 is held to be in breach of principles of natural justice, this Court does not further enter into larger question on merits and the matter is to be remanded to Deputy Collector, Dholka Prant, Dholka for deciding the said Appeal afresh in accordance with law and on merits.