YOGESHCHADRA SAVAILAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India is filed with following prayers:-

(2.) Learned Advocate for the petitioner submitted that the order passed by the Deputy Collector was only an order remanding the matter and that too for valid reason that there was nothing on record about the proceedings for mutation, especially notice under Section 135D of the Bombay Land Revenue Code, which was blank and therefore, for the purpose of verification of genuineness of record, the matter was remanded. It is submitted that such order was justified. However, the private respondents preferred revision before the Collector and the Collector set aside the order of remand. The SSRD confirmed the order of the Collector.

(3.) Learned Advocate for the private respondents submitted that the notice under Section 135D does not have any details. He drew attention of this Court to xerox copy produced by the petitioner himself and submitted that the notice bears some details and cannot be treated as blank. However, such details may be not legible.