LAWS(GJH)-2010-7-531

RAMILABEN VINUBHAI PATEL Vs. STATE OF GUJARAT

Decided On July 21, 2010
RAMILABEN VINUBHAI PATEL Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) With the consent of learned advocates appearing for respective parties, the applicant is permitted to amend the petition challenging the order passed by the Collector, Surat dated 11.08.2008, which has been impugned before the Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No.20/2008. Petitioner to carry out the amendment by 23rd July 2010.

(2.) By way of this petition under Articles 226 and 227 of the Constitution of India, initially petitioner had challenged the order dated 11.09.2009 passed by the Revisional Authority i.e. Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No.20/2008 rejecting the stay application submitted by the petitioner to stay further implementation and operation of the order passed by the Collector, Surat dated 11.08.2008 regularizing the construction put up by the private respondents herein, in an application submitted by the private respondents. However, as there is broad consensus between learned advocates appearing for the respective parties that as the order passed by the Collector, Surat dated 11.08.2008 has been passed without giving any opportunity to the petitioner, the same be quashed and set aside and the matter be remitted to the Collector, Surat for deciding the application submitted by the private respondents herein for regularization of the construction put up on the land in question etc., petitioner has been permitted to amend the petition and now the petitioner is challenging the order passed by the Collector, Surat dated 11.08.2008.

(3.) Learned advocates appearing for respective parties, more particularly, Shri Shital Patel, learned advocate appearing on behalf of the private respondents has stated at the Bar that concerned private respondents have no objection if the order dated 11.08.2008 passed by the Collector, Surat which has been impugned in the Revision Application no.20/2008 pending before the Secretary (Appeals), Revenue Department, State of Gujarat is quashed and set aside and the matter is remitted to the District Collector for deciding the application submitted by the private respondents for regularization of the construction on the land in question etc. afresh and after giving an opportunity to the petitioner as well as private respondents and/or any other concerned persons. He does not invite any further reasoned order in quashing and setting aside the order passed by the Collector dated 11.08.2008. In view of the above, this Court does not assign any further reasoned order while quashing and setting aside the order passed by the Collector, Surat dated 11.08.2008 and remitting the matter to the Collector, Surat for deciding the same afresh.