STATE OF GUJARAT Vs. DIWALIBEN RADHAV KHANT

JUDGEMENT

(1.) All these Civil Revision Applications are disposed of by this common judgement as the question involved in all these Revision Applications is the same. State of Gujarat has preferred these Revision Applications against the impugned common order dt. 2-8-1989 passed by the learned Extra Assistant Judge, Rajkot District at Gondal passed below Exh. 1 in Civil Misc. Applns. Nos. 104 of 1988 to 108 of 1988, 21 of 1989 to 33 of 1989, 35 of 1985, 52 of 1989 to 55 of 1989. The learned Extra Asstt. Judge allowed all applications and modified the earlier judgment passed by his predecessor in his office in Review Application to the effect that the respondent claimants in each applications be awarded additional amount at the rate of 12% of the market value of the land per annum for the entire period beginning from the issuance of preliminary notification upto the award of the Collector or the taking of the possession of the land whichever is earlier.

(2.) Mr. K. C. Shah, learned A. G. P. appearing for the State has contended before me that once the review applications have been granted earlier by the learned Extra Assistant Judge by his impugned common order dated 15-3-1988, the second review application to modify the said order passed in review application, is barred by the provisions of Order 47 Rule 9 Code of Civil Procedure He has further submitted that the claimants may have many other remedies to challenge the earlier order passed by the learned Assistant Judge before appropriate forum. But second review application to review the earlier order passed in review application is not permissible under the law.

(3.) He has further submitted that by the earlier order dt. 15-3-1988, two prayers prayed for in the review application, have been granted, but the 3rd prayer, which is prayed for in the present application was not granted. That amounts to refusing to grant the prayer. Therefore, that order ought to have been challenged by way of any other remedy but not by way of filing review application before the same Court.