CHHITUBHAI KUNVARJI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Shri H.M. Prachchhak, learned counsel for the petitioners; Ms. Tanuja Kachchhi, learned AGP for the State Government.

(2.) In view of the judgment of this Court in the case of Moman Habib v. State of Gujarat, 1970 GLR 307, the parties agree that the ambit of Section 211 of the Bombay Land Revenue Code is very wide inasmuch as a decision can be called in question by the State Government, but the powers conferred on the revisional authority under Section 209 read with Section 211 of the Bombay Land Revenue Code do not confer any additional power on the revisional authority to take additional evidence. The parties also agree that no additional evidence, therefore, would be allowed or recorded under Section 211.

(3.) In the present matter, undisputedly, the learned Deputy Collector, while exercising revisional powers had recorded additional evidence and as argued by Shri Prachchhak, did not allow the petitioners to cross-examine the Canal Officer and also did not allow them to be represented by an advocate. Though Ms. Tanuja Kachchhi, learned AGP opposes the said contention, but in view of the above judgment of the Division Bench, she submits that additional evidence has to be ignored and under the circumstances, the order passed by the Deputy Collector, confirmed by the Gujarat Revenue Tribunal deserves to be quashed and set aside. She however submits that though additional evidence cannot be looked into, the fact still would be that the matter was not properly conducted for and on behalf of the State Government and certain fabricated material was brought on the records. She submits that if this Court is to set aside the revisional order and the order passed by the Gujarat Revenue Tribunal, then too, the matter be sent back to the Mamlatdar cum ALT for a decision afresh after giving due opportunity to the parties to lead evidence with a further right to cross-examine the witnesses of the other side. Shri Prachchhak, learned counsel for the petitioners has no objection to it.