SHAH MUKESHKUMAR RAMANLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed with following prayer(s):-

(2.) Learned advocate for the petitioner has submitted that the revenue authority by which the decision is taken, the Mamlatdar was not having any jurisdiction to do so, as he decided the issue beyond his jurisdiction. It is submitted that it was an application filed by the petitioner before the Mamlatdar, and therefore, Mamlatdar ought to have decided such application instead he undertook the proceedings under Sec. 37 of the Act, which is the domain of the Collector.

(3.) Learned advocate for the petitioner has relied upon the decision of the Apex Court in case of State of Gujarat & Anr. Vs. Maharaj Shri Amarshinhji reported in 1978 G.L.R. 811. He has submitted that in the similar case, the Apex Court has ruled that the inquiry under Sec. 37(2) of the Land Revenue Code would be the power of the Collector and according to the petitioner, the facts of the case before the Apex Court was identical to the facts of this Case.