MADHUKANT VADILAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Senior Counsel Shri Shalin Mehta with learned Advocate Shri Nirav C. Sanghavi for the petitioners, learned AGP Shri Hardik Mehta for the respondent Nos.1 to 3 and learned Senior Counsel Shri Asim Pandya with learned Advocate Shri Manan Bhatt for respondent No.4.1.1 to 4.4 as well as newly joined legal heirs of the deceased respondent No.4.3.

(2.) By way of this petition, the petitioner challenges an order dtd. 16/10/2020 passed by the Collector, Sabarkantha, whereby an order dtd. 23/7/2019 passed by the Deputy Collector, Himmatnagar has been set aside.

(3.) Learned Senior Counsel Shri Mehta would submit that vide order dtd. 23/7/2019, the Deputy Collector, Himmatnagar had rejected an Appeal against the certification of the entry No.137 dtd. 15/12/1954 with regard to land bearing Survey No.141 on the ground of delay not being properly explained and whereas according to the learned Senior Counsel, the Collector vide the impugned order has set aside the said entry dtd. 15/12/1954, without any reference to the gross delay which had not been condoned by the Deputy Collector. At this stage, learned Senior Counsel Shri Pandya on behalf of the private respondents raises a preliminary objection with regard to the the maintainability of the petition. Learned Senior Counsel would submit that since the order in challenge before this Court being an order passed by the Collector, an efficacious remedy is provided under the Gujarat Land Revenue Code as well as Rules made therein whereby the petitioners could challenge the said order before the Revisional Authority being the Special Secretary, Revenue Department and whereas the the present petition may be rejected only on the ground of preliminary objections.