VARIS GULAM MAHIDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed for the purpose of seeking the following reliefs : -

(2.) Mr. Viral K. Shah, learned advocate for the petitioner has submitted that there is a clear error committed by the authorities below in passing the impugned orders. It has been submitted that at one breath the Collector, Surat was pleased to confirm the order dated 01.01.2019 whereas, on the other count, the matter came to be remanded to the Mamlatdar, Kamrej with respect to the sale mutation entry no. 10661 for taking a fresh decision and as such, that being the position, has straightway rushed down to this Court by way of the present petition under Article 226 of the Constitution of India.

(3.) Based upon the aforesaid brief submission, it appears to this Court that while passing the impugned orders, the authorities below have applied their mid on the complicated questions of fact which are narrated and after passing the order has clearly opined that if the petitioner is aggrieved by the order in question, there is a specific remedy of appeal available to the petitioner which can be availed of within a period of sixty days and as such, during the course of hearing, it was informed to the learned advocate for the petitioner as to whether he is inclined to avail such remedy or not, at that juncture, the learned advocate for the petitioner has submitted that since the facts are clear, the order can be examined by the High Court as well.