JAYABEN MOHANBHAI DALSANIYA Vs. DEPUTY COLLECTOR, GONDAL

JUDGEMENT

(1.) Civil Application (for orders) No. 1 of 2023 is preferred for converting the Civil Revision Application No. 318 of 2012 into Special Civil Application under Articles 226 and 227 of the Constitution of India to challenge the order dtd. 5/11/2012 passed by the Deputy Collector under the Mamlatdars Court Act.

(2.) When the matter was called out, learned advocate Mr. Prince Datta for learned advocate Mr. P. P. Majmudar states that by converting the Civil Revision Applciation into Special Civil Application, not just the prayer but the whole body of plaint/petition and grounds would change and according to learned advocate Mr. Datta there is a wider scope of the consideration in Special Civil Application.

(3.) In view of above, considering the fact that the applicant has already preferred the Civil Revision Application in the year 2012 and the same is pending till date with a view to file Special Civil Application to challenge the very order which is subject matter of challenge of Civil Revision Application, learned advocate Mr. Datta states that as he has not received any instructions from the petitioner, the Court may pass appropriate order permitting him to file a separate petition challenging the very order.