STATE OF GUJARAT Vs. DY COLECTOR

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner State of Gujarat has has prayed for appropriate writ, order and/or direction, quashing and setting aside the impugned Judgement and Order dtd.29/9/1989 passed by the Gujarat Revenue Tribunal, Ahmedabad in Revision Application No. TEN/BA/800 of 1986, by which the tribunal has dismissed the Revision Application preferred by the petitioner herein, confirming the order passed by the Dy.Collector, Palitana in Ceiling Appeal No.3 of 1986.

(2.) FACTS leading to the present Special Civil Application, in nutshell, are as under :-

(3.) HEARD Ms.Nisha Thakore, learned Assistant Government Pleader appearing on behalf of the petitioner - State of Gujarat and considered the impugned Judgement and Orders passed by the Dy.Collector, Palitana as well as Gujarat Revenue Tribunal. It is an admitted position and even so observed by the Gujarat Revenue Tribunal in the impugned order that while allowing Ceiling Appeal No.3 of 1986, the Dy.Collector has not issued any notice upon the revenue officer which is required to be issued under section 42A of the Gujarat Agricultural Lands Ceiling Act. It is also an admitted position that the revenue officer was not joined as party to the proceedings though he was required to be joined. It is to be noted that even the tribunal has also observed in the impugned judgement and order that non-compliance of the aforesaid mandatory provisions would render the judgement of the Dy.Collector nonest. Under the circumstances, as such the tribunal ought to have quashed and set aside the order passed by the Dy.Collector by remanding the matter to the Dy.Collector. Once it was found that the aforesaid mandatory provisions was not complied with and/or not followed and the factual position was not on record, the tribunal ought to have have remanded the matter to the Dy.Collector.