PATEL HITENDRAKUMAR KANJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of draft amendment, the petitioners have challenged the order dtd. 29/3/2023 and the correction order dtd. 31/3/2023 passed by the Deputy Collector, Patan pursuant to the impugned order dtd. 1/2/2021 passed by the learned Special Secretary, Revenue Department in Revision Application No.MVV/HKP/PTN/49/2019. The said draft amendment is allowed and the amendment be carried out forthwith and the following prayer be added accordingly:-

(2.) The facts leading to filing of the present Special Civil Application are as follows :-

(3.) Learned advocate Mr. Nishit Gandhi for the petitioners submits that while rejecting the revision application, the learned Special Secretary, Revenue Department could not have granted the relief as prayed for in the revision application. He submits that the direction quashing the orders of the Deputy Collector and the Collector is bad in law and cannot be sustained. He further submits that pursuant to the direction No.3 in the impugned order dtd. 1/2/2021 of the learned Special Secretary, Revenue Department, the respondent No.6 herein preferred Revision Application No.Jamin/ Vasi/995 to 1003/2023 for correcting the record and inserting the name of Iddgah Kharabo in the revenue record and by order dtd. 29/3/2023, the Deputy Collector, Patan has allowed the said application of the respondent No.6 and again granted the relief of entering the name of respondent No.6. He submits that by further order dtd. 31/3/2023, the Deputy Collector has corrected the error as occurred in the order dtd. 29/3/2023. He submits that the same relief which came to be rejected by the Deputy Collector, Collector and the learned Special Secretary, Revenue Department in the earlier proceedings were granted by the order dtd. 29/3/2023 because the orders of the Deputy Collector and the Collector came to be quashed by the impugned order. He submits that therefore, the present Special Civil Application be allowed.