RAMESHBHAI KALUBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition, the petitioner has prayed for direction to the learned Secretary, Revenue Department (Appeals) (hereinafter referred to as "the learned Secretary") to expeditiously hear Revision Application No.JMN/BHAVN/24/2021, pending with it.

(2.) This Court required Mr.Jayneel Parikh, learned Assistant Government Pleader to take instructions as to by what time, the revision application and/or stay application shall be heard by the learned Secretary. Mr.Parikh, learned Assistant Government Pleader, upon instructions of Mr.K.L. Rathod, Law Officer, SSRD, has placed on record the notification dtd. 11/7/2018 passed by the State Government in exercise of the powers conferred by sub-sec. (2) of Sec. 9 of the Gujarat Revenue Tribunal Act, 1957 whereby, the Tribunal has been conferred with certain powers under the provisions of the Gujarat Land Revenue Code, 1879 (hereinafter referred to as "the Code") which includes orders or decisions in cases arising under Sec. 61 of the Code. It is submitted that it is the Tribunal, who will be having the jurisdiction against the order passed by the Collector under the provisions of Sec. 61 of the Code. Therefore, it would be in the fitness of things that the petitioner, instead of pursuing the revision application before the learned Secretary, approach the Tribunal for redressal of the grievance. It is stated that the revision application filed by the petitioner shall be decided either way, within a period of four weeks.

(3.) Mr.Rajesh Gidiya, learned advocate for the petitioner submitted that the petitioner, acting upon the directions contained in the operative portion, more particularly, paragraph 3 of the order dtd. 24/5/2021 passed by the Collector, had, with a bona fide impression, preferred the revision application. Mr.Gidiya, learned advocate has expressed his concern that the petitioner is in possession since more than 30 years and that is how, the request is made for early hearing of the matter.