LAWS(GJH)-2010-4-19

DISTRICT PANCHYAT Vs. STATE OF GUJARAT

Decided On April 05, 2010
DISTRICT PANCHYAT THROUGH DISTRICT DEVELOPMENT Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard the learned counsel for the petitioner.

(2.) Present Special Criminal Application is filed asking for modifying the order passed by this Court in Criminal Revision Application No.513 of 1997.

(3.) The learned counsel for the petitioner has not been able to show any law whereby correctness of any order passed on merits by a learned Single Judge of this Court can be judged by another learned Single Judge of this Court in any proceeding, because the Code of Criminal Procedure does not know for review of the orders. The only provision available in the Code of Criminal Procedure is in Section 362, which is about correcting the clerical mistakes. The prayer sought for in the present petition is to materially alter the order by holding that the District Development Officer is not the authority, but the Deputy District Development Officer is the authority who could grant sanction and this fact could not be brought to the notice of this Court at the time when the order under challenge was passed. This was filed by the Government and not by the present petitioner.