KHAKHAN MEGHJI KARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Articles 226 and 227 of the Constitution of India challenging the order dated 06.06.2014 passed in Revision Application No. MVV/HKP/Kutchh/34/2006 and also order dated 15.07.2006 passed by the Collector, Kutch in Revision Application No.26 of 2005 and order dated 06.09.2004 by the Deputy Collector, Anjar in Appeal No.11 of 2004. The proceedings pertain to mutation of entry No.1378.

(2.) At the outset, learned advocate for the petitioner submits that the impugned order by the Special Secretary (Appeals), Revenue Department dated 06.06.2014 is required to be set aside on the ground of not hearing the petitioner and not affording an opportunity of hearing. It is submitted that the proceedings were conducted in entirity before the previous incumbent Special Secretary, (Appeals), Revenue Department and the hearing was concluded by both the sides however, no order came to be passed and in the meantime the incumbent retired and the present Secretary was posted in his place

(3.) It is submitted that the present Secretary had listed the matter on two occasions. On first occasion, the petitioner had sought time and on the other occasion, when the learned advocate had filed a sick note. Without considering the sick note, the Secretary had proceeded to pronounce the order. It is submitted that the petitioner was deprived of any effective hearing as there was change in incumbency. The petitioner therefore, pressed for remanding the matter back on this short fact.