STATE OF GUJARAT Vs. JELIBEN VITTALBHAI

JUDGEMENT

(1.) The present petition is preferred by the petitioner against the order dated 19-11-1999 passed by the Gujarat State Revenue Tribunal in Revision Application No.254/1995, whereby the revision is allowed and the order passed by the lower authorities are set aside.

(2.) Heard Ms. Manisha Shah, learned AGP for the petitioner. Ms.Shah for the petitioner submits that merely because the application is made is no ground that the application should be granted and she submits there was no proof produced by the original applicant to show that any such application was made. She submits that the Dy. Collector had recorded the finding that sufficient evidence was not produced to show that such application was made and, therefore, in her submission, the Tribunal should not have upset the finding.

(3.) Considering the overall facts and circumstances of the case and more particularly the finding recorded by the Tribunal in the impugned order at para 6 clearly goes to show that the Tribunal has recorded the finding of fact that the application was made and there was no sufficient evidence to show that transfer was with a view to defeat the purpose of the Act. No jurisdictional error has been shown to this Court regarding the exercise of the power by the Tribunal. That apart, the order dated 19-11-1999 is challenged by preferring this petition in the month of July, 2002, after a period of more than one and a half years. In any event, when on merits there is no substance then the said aspect of delay becomes irrelevant. Since the perusal of the order passed by the Tribunal does not show any judicial error, I am of the view that there is no case made out for interference by exercising power under Article 227 of the Constitution of India. Hence rejected.