ANIRUDHSINH NAGENDRASINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr. D.K. Puj, the learned advocate waives service of notice of rule for and on behalf of the respondent Nos.2 to 4 and the learned AGP waives service of notice of rule for and on behalf of the respondent-State authorities.

(2.) With the consent of the learned advocates appearing for the respective parties, the matter is taken up for final disposal since the issue involved in the present petition lies in a very narrow compass.

(3.) At the outset, Mr. Dipen Desai, the learned counsel appearing for the petitioners, has submitted that the impugned order dtd. 28/3/2022 passed by the respondent No.1-Special Secretary (Appeals), Revenue Department in Revision Application No.MVV/CON/AMD/03 of 2022 is required to be quashed and set aside, since the petitioners, who are directly effected by the said order, were not arraigned as parties in the said proceedings. Learned advocate Mr. Desai has further submitted that there has been a huge delay of 40 years in challenging the orders before the SSRD by the private respondents, however, without passing any order on the delay condonation application, the SSRD has passed the impugned order dtd. 28/3/2022 and, therefore, the same may be quashed and set aside. In support of his submissions, learned advocate Mr. Desai has placed reliance on the decision of the Apex Court in the case of Ragho Singh vs. Mohan Singh & Ors ., reported in (2001) 9 SCC 717 and the decision of the Division Bench of this Court in the case of Sunderlal Bhanabhai Bhagat vs. State of Gujarat passed in Special Civil Application No.13406 of 2010 dtd. 9/1/2012.