GITABEN MADHAVJIBHAI MANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Articles 226 and 227 of the Constitution of India in which the petitioners have prayed that the order dated 02.01.2020 passed by the respondent Collector be quashed and set aside and thereby the respondent Collector be directed to decide the revision application filed by the petitioner on its own merits.

(2.) Heard learned advocate Mr. Jinesh Kapadia for the petitioners and learned Assistant Government Pleader Mr. K. M. Antani for the respondents on receipt of the advance copy of the petition.

(3.) Learned advocate for the petitioners has referred the averments made in the memo of the petition and, thereafter, submitted that the Mamlatdar, vide order dated 16.11.2018, rejected the mutation entry mutated in the revenue record based on the registered Sale Deed by considering the objection raised by the objector. Against the said order passed by the Mamlatdar, the petitioners have preferred Appeal No.12 of 2018 before the Deputy Collector. The Deputy Collector finally decided the said appeal filed by the petitioners vide order dated 30.11.2019. The said appeal has been ordered to be removed from the Register and it was observed that the decision of the High Court as well as Civil Court will be binding to both the parties and if the petitioners are aggrieved by the said orders, they can prefer a Revision Application within a period of 60 days before the Collector, Botad. It is further submitted that against the said order passed by the Deputy Collector, the petitioners preferred Revision Application before the respondent Collector. However, by the impugned order dated 02.01.2020, the respondent Collector has not given the number to the said Revision Application on the ground that the dispute with regard to the subject land is pending before the concerned Courts and the Dpeuty Collector has filed the appeal after removing the case from the Register.