MARUBHAI MANDANBHAI MARU Vs. BHAIBHAI SAMUDAYIK MANDI

JUDGEMENT

(1.) Rule. Mr.Joshi and Mr.Desai, Ld.AGP waive service of rule on behalf of respective respondents. With the consent of learned advocates matter is taken for final hearing today.

(2.) The present petition is preferred by the petitioner challenging the legality and validity of the order dated 8.5.03 passed by the Dy.Secretary of the State Govt whereby the revision application has been dismissed for default.

(3.) Having heard Mr.Dagli, Ld.advocate for the petitioner and Mr.Desai, Ld.AGP for respondent Nos. 2,3 and 22 and Mr.Joshi for remaining respondents, it appears that the petitioner has submitted written arguments and therefore the petitioner was under impression that the matter will be decided on the basis of written arguments submitted by the petitioner. Mr.Desai, Ld.AGp submitted that it was on account of transfer of earlier officer since the Dy.Secretary who resumed the charge wanted to be well apprised of the facts the notice was issued. Otherwise, Mr.Desai has submitted that even by the verification of the record it is found that the written arguments of the petitioner were already there on the record.