RAVABHAI DANABHAI MEGHAVAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The matter is taken up for final hearing and disposal. Hence, Rule. Learned AGP Mr.Ashar waives service of rule for the respondents.

(2.) By the present petition filed under Article 226 / 227 of the Constitution of India, the petitioner has challenged the orders made by the Secretary, the Collector and the Deputy Collector in connection with the application made by the petitioner for allotment of land on lease for salt production.

(3.) Learned advocate Mr. Thacker for the petitioner submitted that the Deputy Collector rejected the application for the reasons not germane to taking of decision for grant of lease for salt production. Mr. Thacker submitted that though the petitioner had produced certificate showing his experience in connection with production of salt, same was not considered and not only that but without any particulars as regards effect of grant of lease in favour of the petitioner whether would overlap the lease granted to any other person, the Deputy Collector just disposed of the application. Such order of Deputy Collector was not served to the petitioner and when was served, the petitioner immediately preferred appeal before the Collector, however, the Collector simply rejected the appeal on the ground that the appeal was time barred. Mr. Thacker submitted that though sufficient cause was provided in the appeal for delay, the Collector did not discuss about explanation of delay. Mr. Thacker submitted that even the Secretary has failed to exercise his jurisdiction inasmuch as though the Secretary has observed in his order that necessary instructions were called for from office of Deputy Collector, however, in absence of such details, the Secretary proceeded to decide the Revision Application which has resulted into miscarriage of justice.