LAWS(GJH)-2014-7-313

DOSHI ENTERPRISES Vs. STATE OF GUJARAT & 2

Decided On July 02, 2014
Doshi Enterprises Appellant
V/S
State Of Gujarat And 2 Respondents

JUDGEMENT

(1.) THE present petition has been filed by the petitioner under Articles 14, 19, 226 and 227 of the Constitution of India as well as under the provisions of the Bombay Land Revenue Code and the Rules framed thereunder for the prayers inter alia that the impugned order passed by the Secretary (Appeals), Revenue Department dated 25.10.2003 in the revision in purported exercise of powers under Section 211 of the Code may be quashed and set aside on the grounds stated in the petition.

(2.) HEARD learned advocate, Shri D.N. Pandya for the petitioner, learned AGP Shri Udit Mehta for the respondent nos.1 and 2 and learned advocate, Mrs.P.J. Davawala for the respondent no.3.

(3.) AS could be seen from the material on record, the present case has a chequered history including earlier round of litigation, which has discussed in detail about the land in question that it was purchased by the petitioner in an auction sale by the respondent no.3, which was given to the respondent no.3 subject to certain conditions, however, as the land with superstructure was badly affected in the cyclone and on the basis of the reports regarding the cost of the repairing, ultimately the respondent by auction sell sold the land and, thereafter, as against market price of Rs.97,000/ -, amount of Rs.70,000/ -was deposited by the respondent no.3 and, therefore, remaining amount of Rs.27,000/ - along with amount of premium was to be paid. The said order was subjected to further litigation by way of revision, for which the order is produced at Annexure -E dated 29.10.1990. The said order passed by the Secretary (Appeals), Revenue Department setting aside the order of the Collector refers to the details about the pros and cons of the price fixation as well as need for such transaction of sell by the respondent no.3. However, it was challenged by way of Special Civil Application No.990/1991 and the matter was remanded back for deciding afresh, thereafter again, after giving notice, it was required to be decided and the Secretary (Appeals), by an order dated 25.08.2003, remanded the matter back to the Collector, Bhavnagar for deciding afresh.