LILABEN BAGHABHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dtd. 18/4/2019 passed by the respondent no. 2 - Special Secretary, Revenue Department (Appeals) in Revision Application No. MVV/HKP/Valsad/91/2018 and order dtd. 29/10/2018 passed by the respondent no. 3 - Collector in suo-moto proceedings No. CB/RTS/Review/1/2018 and has further prayed for restoring the order dtd. 18/2/2008 passed by the respondent no. 4 - Deputy Collector in the interest of justice.

(2.) Heard learned Senior Advocate Mr. M. S. Shah with learned advocate Mr. Keyur Vyas appearing for the petitioner, learned advocate Mr. Adil Mirza appearing for the private respondent and learned AGP Mr. Niraj Sharma appearing for the respondent - State.

(3.) At the outset, learned Senior Advocate Mr. Shah appearing for the petitioner states that the matter can be remanded back as while passing the impugned order dtd. 18/4/2019, the respondent no. 2 - Special Secretary, Revenue Department (Appeals) though has categorically observed in the order that the Collector, Valsad while deciding the Review Case No. 1 of 2018 vide order dtd. 29/10/2018 has failed to observe the principles of natural justice as the petitioner was not heard on that day. However, after making the aforesaid observations, learned Special Secretary, Revenue Department (Appeals) has held that the procedure adopted by the Collector is proper and he further ordered that the petitioner is required to be heard and Collector to act in accordance with Rules. According to learned Senior Advocate Mr. Shah, the aforesaid operative order is contrary to the findings recorded by the Secretary in his order and therefore, when there are specific findings that principles of natural justice are not followed, the matter ought to have been remanded back by the Secretary which he has failed to do and therefore, without entering into merits any further, he request that the matter may be remanded back to the Collector, Valsad for deciding the Review Case No. 1of 2018 and by quashing and setting aside the order dtd. 29/10/2018, the Collector may be directed to decide the Review Case No. 1 of 2018 once again.