RATILAL MAGANLAL PATEL Vs. DISTRICT COLLECTOR & OTHERS

JUDGEMENT

(1.) The present appeal is directed against the judgement and order dated 20.2.2015 passed by the learned Single Judge in MCA No.985 of 2015 in SCA No.4189 of 2011, whereby the learned Single Judge has dismissed the application.

(2.) We have heard Mr.N.D. Nanavati, learned Sr. Counsel appearing with Mr.Yash Nanavati, learned Counsel for the appellant.

(3.) The contention raised on behalf of the appellant is that as per the appellant, there was an apparent arithmetic mistake in calculation for the purpose of computation of the surplus land. It was submitted that if the calculation as made by the appellant is considered, there will be difference of about 2 acres of land as against the land already declared as surplus of 7 acres and 26 gunthas. It was submitted that it is true that in the earlier litigation, the original applicant appellant could not succeed in challenging the order passed by the authority and also of the Tribunal, but in the submission of Mr.Nanavati, when there is an apparent arithmetic mistake in calculation, such could be considered in the review application, even if those orders are confirmed by the Tribunal, by this Court as well as non-interference by the Apex Court in the SLP.