DEVABHAI BHIMABHAI BOKHIRIA Vs. DY.COLLECTOR SHRI

JUDGEMENT

(1.) LEAVE to amend the prayer clause. The amendment to be carried out forthwith.

(2.) HEARD Mr. Nirav Sanghavi, learned advocate, for Mr. Dagli, learned advocate for the petitioner, and Mr. Yagnik, learned AGP for the respondent State Government. Having regard to the issue involved in the petition, the petition deserves consideration. Hence, RULE. Mr. Yagnik, learned AGP has waived service of Rule for the respondent , State Government. At the request of and with consent of learned counsel appearing for the contesting parties, the petition is taken up for final decision today.

(3.) MR . Sanghavi, learned advocate for the petitioner, has submitted that the first adjudicating authority passed the order on 11.8.2011, which was received by the petitioner on 18.8.2011. He submitted that according to the provisions contained under Section 53 of the Act, the application-appeal was required to be filed within 90 days from the date of the order. He also submitted that since the order was received by the petitioner on 18.8.2011, the authority should have taken into consideration the said date instead of considering the date of order as the relevant date. 5.1 Mr. Sanghavi, learned advocate for the petitioner, also submitted that after receiving the order on 18.8.2011, the petitioner filed appeal/application before the competent authority under Section 53 of the Act on 11.11.2011. He submitted that considering the date on which the order was received, the appeal/application was filed within prescribed period of 90 days, however, the authority has considered date of order as the relevant date and on that ground, the petitioner's application has been rejected.