SURESH PUNIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 227 of the Constitution of India, the petitioners, who are claiming to be heirs and legal representatives of one Kaliben Barsangbhai Vasava ? respondent No.1 in Revision Application No. 3 of 2000, have prayed for appropriate writ, order and/or direction quashing and setting aside the impugned judgement and order passed by the Secretary (Appeals), Revenue Department, State of Gujarat dtd.17/8/2006 in Revision Application No. 3 of 2000 by which the revisional authority has allowed the Revision Application preferred by the respondent Nos.5 and 6 herein and has quashed and set aside the order passed by the Collector, Bharuch dtd.20/10/1998, by which the Collector, Bharuch has quashed and set aside the order passed by the Dy.Collector, Bharuch dtd.31/5/1998 and remanded the matter to the Mamlatdar, Valia for deciding RTS Case No.1516.

(2.) IT is not in dispute that the respondent No.1 in Revision Application No. 3 of 2000 i.e. Kaliben Barsangbhai Vasava died / expired on 7/3/2002 during the pendency and final disposal of the aforesaid Revision Application No. 3 of 2000. IT is also not in dispute that thereafter without bringing the heirs and representatives on record of original respondent No.1 ? Kaliben Barsangbhai Vasava, the Secretary (Appeals), Revenue Department, State of Gujarat passed the impugned judgement and order. Thus, the impugned judgement and order passed by the revisional authority is against a dead person and hence the same is a nullity, which cannot be sustained. On the aforesaid ground alone the impugned order passed by the Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No. 3 of 2000 deserves to be quashed and set aside and the matter is to be remanded to the said authority for deciding the said Revision Application afresh in accordance with law and on merits and after giving an opportunity to the petitioners herein being heirs of the original respondent No.1 - Secretary (Appeals), Revenue Department, State of Gujarat.

(3.) IN the facts and circumstances of the case, the Secretary (Appeals), Revenue Department, State of Gujarat, is hereby directed to decide and dispose of the aforesaid Revision Application No. 3 of 2000 on remand at the earliest but not later than six months from the date of receipt of writ of this judgement and order. Rule is made absolute to the aforesaid extent. Registry is directed to send writ of this judgement and order to the Secretary (Appeals), Revenue Department, State of Gujarat immediately.