GODADBHAI BHIKHABHAI PATEL Vs. SECRETARY

JUDGEMENT

(1.) By way of the present petition under Articles 14, 16, 21 and 226 of the Constitution of India, the petitioners have challenged the Notice issued on 21.1.1997 and Order dated 30.5.1997 passed by the Respondent No.1 Secretary, Revenue Department, State of Gujarat.

(2.) The brief facts arising from the case are as under:

(3.) The first submission of Mr Bhatt is with regard to breach of principle of natural justice since petitioners No. 1 and 2 are not heard by the Revisional Authority before passing the order. Even notice was not issued to them. As far as the petitioners No. 1 and 2 are concerned, though, the sale which took place on 27.11.1995 by a sale deed and an entry which was mutated on 23.3.1996, the Secretary was bound to issue notice before passing any adverse order with regard to the disputed land. He has submitted that the affected party is not heard at all, the authorities have violated the principle of natural justice and, therefore, the order is required to be quashed.