KHODAJI JAVAJI DARBAR Vs. KIRITBHAI RAMANLAL PATEL

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India the petitioner has prayed for an appropriate Writ, direction and/or order quashing and setting aside order dated 27.10.2007 passed by the Gujarat Revenue Tribunal ('G.R.T.' for short) in Revision Application No.TEN.B.A.102 of 2007 in dismissing the same on the ground of limitation and not condoning the delay in preferring Revision Application which was preferred against the order passed by the Deputy Collector, Land Reforms (Appeals) dated 29.01.2007.

(2.) Though served, nobody appears on behalf of the respondents. Hence, petition is not opposed by the respondents - herein. Considering the impugned order passed by the GRT it appears that it was the case on behalf of the petitioner that from the date of knowledge of the order passed by the Deputy Collector, Land Reforms (Appeals), there was delay of only four days in preferring Revision Application. However, the Tribunal considered that as there was refusal of caveat by the petitioner, the petitioner is presumed to have knowledge of the order passed by the Deputy Collector dated 29.01.2007 and therefore, delay would be much more than four days. Even if it is considered that the petitioner had knowledge of the order passed by the Deputy Collector on non-refusal of caveat on 06.02.2007, in that case also, as Revision Application was preferred in the month of April, 2007, there was no long delay, which could not have been condoned by the GRT. It appears that by not condoning the delay, the Tribunal has taken too technical view. As held by Hon'ble Supreme Court and this Court in catena of decisions, normally delay should be condoned liberally so as to advance substantial justice and not to non-suit the litigant on the technical ground of delay. Considering the impugned order passed by the Tribunal, this Court is of the opinion that impugned order cannot sustained and delay cased in preferring the Revision Application is required to be condoned and Revision Application is to be decided on merits.

(3.) In view of above and for the reasons stated above, the petition succeeds. Impugned order dated 29.10.2007 passed by the GRT in Revision Application in not condoning delay and rejecting the Revision Application on the ground of delay is hereby quashed and set aside and delay caused in preferring Revision Application against the order dated passed by the Deputy Collector, Land Reforms (Appeals) dated 29.01.2007 in Tenancy Appeal No.66 of 2006 is hereby condoned. Gujarat Revenue Tribunal, Ahmedabad is hereby directed to decide and dispose of said Revision Application being Revision Application No.TEN.B.A.102 of 2007 in accordance with law and on merits. Rule is made absolute to the aforesaid extent. No costs.