SOMABHAI PRATAPBHAI NINAMA Vs. ADDITIONAL SECRETARY

JUDGEMENT

(1.) THE present petition is 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, 1879 for the prayers, inter alia, that appropriate writ, order or direction may be issued quashing and setting aside the order passed by the Secretary, Revenue Department (Dispute) dated 4.3.2013 in exercise of powers under sec. 108(6) of the Code on the grounds stated in the memo of petition.

(2.) HEARD learned advocate Shri MT Saiyad for the petitioner, learned AGP Shri Udit Mehta for respondents Nos. 1 -4, learned advocate Shri Shirish Gohil for respondent No. 5 and learned advocate Shri HA Dave for respondents Nos. 6 -7.

(3.) LEARNED advocates Shri Dave and Shri Gohil, on the other hand, referred to the affidavit -in -reply filed on behalf of respondent No. 5 as well as on behalf of respondents Nos. 6 -7. Learned advocate Shri Dave submitted that as stated in the affidavit -in -reply, the petitioner has approached the Collector after 13 years of the order passed by the Dy. Collector for which no reasons are given for such delay, nor any application for condonation of delay has been filed. He submitted that as could be seen from the order, the application was given by both Somabhai as well as Chhatrasinh and therefore he is now estopped from taking a different stand than what he had taken before the competent authority.