AMRUTBHAI MANCHHABHAI GARASIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These petitions are filed under Articles 226 and 227 of the Constitution of India challenging legality and validity of the orders passed by the Revisional Authorities below and as such, individual reliefs claimed in the petitions are incorporated here under :-

(2.) When the matters are taken up for hearing, learned advocate Mr. N. V. Gandhi appearing for the petitioners has vehemently contended that the Revisional Authority while passing the impugned common order has not considered the written submissions canvassed before him by the petitioners and though the said written submissions are forming part of the record, it appears that the same has not been dealt with at all and no reasons are recorded to that effect. It has further been pointed out that no fair opportunity of hearing was extended to the petitioners and had it been given, the petitioners ought to have pressed into service the written submissions at the time when actual hearing must have been afforded and as such, he has requested that by quashing and setting aside the impugned order passed by the respondent No.1, direction be issued to give a fresh look to the proceedings and after extending full opportunity to the parties to the proceedings, fresh order be passed in accordance with law after assigning proper reasons.

(3.) In so far as Special Civil Application No. 6340 of 2009 is concerned, learned advocate Mr. Hardik Shah appearing for the petitioner has submitted that this petition is basically against the refusal of interim order which has been passed by the learned Secretary (Appeals) reflecting on page 245 of petition's compilation and the said order is passed without application of mind and without extending any opportunity to the parties to the proceedings and as such, such a nonreasoned order which is in gross violation of principles of natural justice may not be allowed to stand in the eye of law and simultaneously, a request is made that main Revision Application No. 42 of 2008, if pending, may be expeditiously dealt with and decided in accordance with law.