PRAGNABEN RAJNIKANT PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the order dated 01.07.2010 passed by the Chief Secretary, Revenue Department, whereby the application praying to condone the delay caused in filing the revision application against the order dated 28.11.2007 passed by the Deputy Collector, was rejected.

(2.) The facts in brief are that respondent no. 3 purchased plot no.442 admeasuring 200 sq.mtrs. for commercial purpose in an auction held by the Collector on 28.01.1975. Pursuant to the said auction, an undertaking was filed by respondent no. 3 before the Collector for obtaining sanction of the plans. After sanctioning the plans, respondent no. 3 started the construction over the said plot. Thereafter, respondent no. 3 executed registered sale deed dated 20.03.1980 of the plot in question in favour of the petitioner. Pursuant thereto, the petitioner rented the said premises to the State Government in the year 1981. 2.1. On 10.09.2007 a show cause notice came to be issued upon the petitioner by the Deputy Collector for breach of conditions nos. 7 & 9 of the original undertaking filed by respondent no. 3. However, the Deputy Collector vide order dated 28.11.2007 cancelled the registered sale deed in favour of the petitioner. Against the said order, the petitioner preferred revision application along with application for condonation of delay before respondent no. 1. However, respondent no. 1 vide order dated 01.07.2010 rejected the application on the ground of delay. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. It appears that respondent no. 1 has not entertained the application on the ground of delay. In my opinion it would be appropriate that the application preferred by the petitioner is decided by the respondent-authority on merits rather than rejecting the same on technical grounds.