DWARKADAS GOVINDDAS PARIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) xxx xxx xxx

(2.) It becomes clear from the material on record that the revisional powers under Section 34 of the Act are sought to be exercised after the order at Annexure A to this petition has been affirmed in appeal by the appellate order at Annexure B to this petition. It cannot simply be done in view of the relevant provisions contained in Section 34 of the Act. This Court had an Occasionto examine the scope of the revisional powers under Section 34 of the Act after the appellate order came to be passed. In its ruling in the case of Jagdishbhai Nagarbhai Patel v. The State of Gujarat reported in 1996 (2) 37 (2) G.L.R. 499, this Court has held that no revisional powers under Section 34 of the Act can be exercised if the order passed by theCompetent Authority has been carried in appeal under Section 33 of the Act. Sitting as a single Judge, the aforesaid ruling of this Court is binding to me. Even otherwise, I am in respectful agreement therewith.The aforesaid ruling of this Court provides a complete answer to the contrary submission urged before me by learned Assistant Government Pleader Shri Uraizee for the respondents.

(3.) xxx xxx xxx.