7 Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri M. R. Mangade, learned AGP waives service of rule on behalf of the respondents State Authorities. With the consent of the learned advocates for the parties, the matter is taken up for final hearing today.

(2.) In this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction order quashing and setting aside the order passed by the Collector, Gandhinagar dated 9.4.2004 and confirmed by the Secretary (Appeals) , Revenue Department, State of Gujarat dated 16.5.2005 passed in Revision Application No. 25 of 2004.

(3.) It appears from the record that the land in question situated at Gandhinagar was put to auction by the Collector, Gandhinagar and an up-set price was also fixed. The petitioner claims to be the highest bidder in the said auction. However, as the Collector, Gandhinagar was of the opinion that they have not fetched the proper price and the offer made by the petitioner to purchase the land / plot in question is on lower side and as per the report of the valuation committee, the value of the land in question is much more and therefore, the Collector, Gandhinagar passed the order dated 9th April, 2004 canceling the action by observing that if the land in question is sold to the petitioner at the price offered by him,then it will be financial loss to the State Government as the same is not the just and proper price of the land in question. Being aggrieved and dissatisfied with the order passed by the Collector, Gandhinagar dated 9.4.2005 in cancellation the auction and directing to put the above land in question for fresh auction, the petitioner preferred Revision Application No. 25 of 2004 before the Secretary, Revenue Department (Appeals) , Revenue Department, State of Gujarat. It was contended on behalf of the petitioner that with respect to the adjacent land, the Collector has confirmed the sale for the amount which was offered by the petitioner and therefore, it is not open for the Collector to hold that offer which is made by the petitioner is on lower side. The Joint Secretary, Revenue Department (Appeals) , State of Gujarat by its order dated 16th May, 2005 dismissed the said revision application by holding that the reasoning and the order passed by the Collector cannot be said to be illegal and and in fact it is just and proper and the same is not required to be interfered with. Being aggrieved and dissatisfied with the said judgment and order passed by the Joint Secretary, Revenue Department (Appeals) , State of Gujarat by its order dated 16th May, 2005 in dismissing the said revision application No. 25 of 2005, the petitioner herein has preferred the present special civil application under Articles 226 and 227 of the Constitution of India.