AMRUTLAL MANEKCHAND SHETH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri Mengdey, learned AGP waives service of notice of Rule on behalf of the respondent nos. 1 to 4. So far as the present petition is concerned, petitioner challenging the impugned order passed by the revisional authority in exercise of suo motu revisional power, Shri Dhaval Barot, learned advocate for the petitioner seeks permission to delete respondent Nos. 5 and 6. Permission is accordingly granted and petitioner is permitted to delete respondent nos. 5 and 6 so far the present petition is concerned. With the consent of the learned advocates for the respective parties and in the facts and circumstances of the case, petition is taken up for final hearing today.

(2.) By way of this petition under Articles 226 & 227 of the Constitution of India, the petitioner herein-original respondent has prayed for an appropriate writ, direction and order to quash and set aside the impugned order passed by revisional authority i.e. Secretary (Appeals), Revenue Department, State of Gujarat dated 12.1.2009 passed in Revision Application No.1 of 2008 by which in exercise of suo motu revisional power, the revisional authority has quashed and set aside the order passed by the Collector, Rajkot dated 10.1.2008 and has restored the order passed by the Deputy Collector, Morbi dated 18.12.2004/2005 canceling the sale transaction in favour of the petitioner and further modifying the said order of Deputy Collector and directing to forfeit/vest the land in question into State Government for breach of Section 54 of the Saurashtra Gharkheda and Tenancy Settlement and Agriculture Land Ordinance, 1949 (herein after referred to as "Ordinance, 1949").

(3.) The proceedings were initiated for breach of provisions of Ordinance, 1949 with respect to the land in question and the Deputy Collector, Morbi by order dated 18.12.2004/2005 declared the sale in favour of the petitioner as illegal and in breach of Section 54 of Ordinance, 1949. That being aggrieved and dissatisfied with the order passed by the Deputy Collector, Morbi dated 18.12.2004/2005, petitioner preferred Appeal No. 55 of 2004 before the Collector, Rajkot who by his order dated 10.1.2008 allowed the said appeal by quashing and setting aside the order passed by the Deputy Collector, Morbi dated 18.12.2004/2005. It appears that in the aforesaid appeal No.55 of 2004, respondent nos. 5 and 6 herein submitted the application for joining party in the said appeal and the same came to be rejected and thereafter the aforesaid order came to be passed by the Collector, Rajkot dated 10.1.2008. That being aggrieved and dissatisfied with the order passed by the Collector, Rajkot dated 10.1.2008 passed in Appeal No.55 of 2004, respondent no.5 herein preferred revision application before the State Government i.e. Secretary (Appeals), Revenue Department, State of Gujarat being Revision Application No. 1 of 2008 under Section 77 of the Ordinance, 1949. That the learned revisional authority as such by impugned judgment and order dated 12.10.2009 dismissed the said revision application preferred by respondent no.5 holding that he has no locus standi to prefer the said revision application as he was not party to the proceedings before the lower authorities and that after the sale of the land he has no locus to challenge the sale/transaction. However, by the very judgment and order the revisional authority set aside the order passed by the Collector, Rajkot dated 10.1.2008 passed in Appeal No. 55 of 2004 and restored the order passed by the Deputy Collector, Morbi dated 18.12.2004/2005 and not only the revisional authority restored the order passed by the Deputy Collector, Morbi dated 18.12.2004/2005 but also passed an order to further modify the said order passed by the Deputy Collector, Morbi to forfeit the land to the State Government and vest it to the State Government for breach of Section 54 of the Ordinance, 194, in exercise of suo motu revisional powers. Being aggrieved and dissatisfied with the impugned order passed by the Revisional Authority dated 12.10.2009 in Revision Application No. 1 of 2008 in quashing and setting aside the order passed by the Collector, Rajkot dated 10.1.2008 and restoring the order passed by the Deputy Collector, Morbi dated 18.12.2004/2005 and further modifying the said order passed by the Deputy Collector, Morbi in exercise of suo motu revisional power, the petitioner has preferred the present Special Civil Application under Articles 226 & 227 of the Constitution of India.