NAGAARJUNBHAI MERUBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Assistant Government Pleaders in respective petitions waives service of notice of Rule on behalf of respondent State.

(2.) In all these petitions, respective common petitioner (original owner) has prayed for an appropriate writ, direction or order quashing and setting aside the impugned judgment and order dated 15.01.2010 passed by the Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application Nos.1/2008 to 9/2008 and Revision Application No.15/2008, by which the Secretary (Appeals), Revenue Department, State of Gujarat in exercise of the powers under Section 211 of the Bombay Land Revenue Code has quashed and set aside the respective orders passed by the Taluka Development Officer mentioned in paragraph 6 of the said order, by which the Taluka Development Officer, Vadodara quashed and set aside the non-agriculture use permission granted in favour of original owner and/or respective persons and imposing 10 times (pet) penalty. The main grievance of the petitioner is that though the petitioner is the owner of the disputed lands in question, petitioner is not heard and therefore, the impugned orders passed by the respondent State of Gujarat is in breach of principles of natural justices.

(3.) Having heard learned advocates appearing for respective parties and considering the above submissions, this Court is of the opinion that being an owner, petitioner ought to have been given an opportunity. Under the circumstances, impugned orders passed by the Revisional Authority passed in aforesaid Revision Application Nos.1/2008 to 9/2008 and Revision Application No.15/2008 deserves to be quashed and set aside and the matters are to be remanded to the Secretary (Appeals), Revenue Department, State of Gujarat for deciding the same afresh in accordance with law and on merits and after giving an opportunity to petitioner and all other concerned.