INDRASINH UMEDSINH ZALA Vs. DEPUTY COLLECTOR, DHRANGADHRA

JUDGEMENT

(1.) Heard learned advocate Mr.Dhruv Oza for learned advocate Mr.Jainish Shah for the petitioner and learned AGP Ms.Hetal Patel for the respondent State.

(2.) By this petition under Article 227 of the Constitution of India the petitioner has challenged the order dtd. 29/9/2021 passed by the Deputy Collector in Revision Case No.4 of 2021, whereby the Deputy Collector has quashed and set aside the order dtd. 18/1/2021 passed by the Mamlatdar Dhrangadhra in Mamlatdar Court Case No.18 of 2020 only on the ground that the Mamlatdar has not provided an opportunity of hearing to the appellants respondent nos.3 and 4 herein.

(3.) Learned advocate Mr.Oza for the petitioner submitted that the Deputy Collector ought to have considered that the Mamlatdar has himself inspected the land in question before passing the order and thereafter it was ordered that the obstruction created by the respondent no.5 be removed. It was further pointed out that the respondent nos.3 and 4 in whose favour respondent no.5 has sold the land after the petitioner has filed the case in the Court of Mamlatdar ought to have applied for joining as necessary party in the pending case.