DINESHBHAI RANCHHODBHAI CHUDGAR Vs. GUJARAT REVENUE TRIBUNAL

JUDGEMENT

(1.) By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for following reliefs :-

(2.) The case of the petitioner is that the petitioner is a senior citizen aged about 70 years and is not keeping good health and as such, in such state of affairs of health, the petitioner would like to see that his pending revision application before the Gujarat Revenue Tribunal, Ahmedabad being Revision Application No. 179 of 2017 may be heard and disposed of at the earliest since on account of multiple reasons hearing has not been concluded. The application for such purpose was filed by the petitioner on 26/5/2021. Further, the Gujarat Revenue Tribunal by a brief order dtd. 9/6/2021 has turned down the request for expeditious disposal and it is this order dtd. 9/6/2021 made the subject matter of present petition.

(3.) Learned advocate Mr. Harsh V. Gajjar appearing for the petitioner has submitted that the petitioner is aged about 70 years, is not having good health, is under the treatment of Dr. Prakashvir Parikh - Cardiologist and is inclined to to see that during his lifetime the proceedings which are pending may get disposed of and as such, has requested that his Revision Application No. 179 of 2017 may be disposed of at the earliest. It has been contended that such request was made by way of application on 26/5/2021, but then by one line order, the request is turned down and as such has submitted that at least, the said rejection ought to have been with some cogent reasons. Learned advocate for the petitioner has further submitted that simply because the request is made by a senior citizen, in an arbitrary manner, without assigning any cogent reasons, such request may not be rejected. According to the learned advocate for the petitioner, the revision application is substantially covered by several decisions and there is a good chance on merit and as such, has requested that in peculiar set of circumstances, the relief prayed for be granted in the interest of justice. By referring to a decision delivered by the Andhra Pradesh High Court, reflecting on page 28 of the petition compilation, a support is taken by observing to relevant observations that it is the duty of the Courts to see that the senior citizens shall be given priority for early disposal of the cases either the same are civil or criminal or service of any kind of litigation and by taking support of this, the request is reiterated to grant the reliefs as prayed for.