CHELABHAI KARSANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The short question which has surfaced in this petition is as to whether the impugned order passed by the Special Secretary (Revenue) State of Gujarat on 26.6.1981 converting the appeal into a revision after four years allowing the revision and remanding the matter to the DDO at Rajkot is legal and valid or not.

(2.) Ordinarily an order of remand passed in a revision under section 211 of the Bombay Land Revenue Code (BLRD for short) does not involve a question of invoking power of Article 227 of the Constitution of India and this court should be at loathe to interfere with such an order. But in the present petition not only there are special circumstances but flagrant and patent illegality while passing the impugned order which would warrant interference of this court even while exercising powers under Article 227 of the Constitution.

(3.) In order to appreciate the merits of the present case a few material and relevant facts need narration. The petitioners are the aggrieved parties by the impugned order. They had purchased agricultural lands bearing Serial Nos. 947 949 and 1113 admeasuring in all 21 acres- 3 gunthas situated in village Jasdan for Rs. 64 0 by a registered sale deed dated 19.4.1969 and also a land bearing revenue survey number 1112 admeasuring 4 acres -17 gunthas for Rs. 27 0 in the year 1971 from Abbasshah Ahmedshah and eight other persons who were the owners of the said lands. These disputed properties came to be purchased by the petitioners by two registered sale deeds.