VITHALBHAI G PATEL Vs. MOHANBHAI R BHAMBHAI

JUDGEMENT

(1.) MR .J.V. Jappee, learned counsel for the petitioners, Ms.Moksha Tahakker, learned counsel for the respondent No.1 and Mr.L.R. Pujari, learned Assistant Government Pleader for the respondent Nos.2 to 4.

(2.) SHORT facts necessary for disposal of the writ application are that according to the allegations of the petitioners, their father was possessed of certain properties which were in the tenure of Jahangirdar, the property was settled in favour of their father. However, the Collector passed an order directing resumption of the land on the ground that the land remained fallow for a period of three years. Even after the said order, the petitioners continued to be in possession of the property. Later -on, order settling the land in favour of petitioners' father, was set aside and the land was settled in favour of respondent No.1. The said order came to be challenged by the petitioners before the Collector, who allowed the appeal filed by the petitioners and restored the order of settlement in favour of petitioners' father.

(3.) THE order passed by the Collector was challenged by the respondent No.1 before the Deputy Secretary (Appeals), Revenue Department. During the pendency of the matter, respondent No.1 (applicant before the Dy.Secretary) made an application to withdraw the revision application on the ground that the matter had been settled between the parties and the said applicant (respondent herein) was not pressing the revision petition. It appears that during the course of the arguments, the learned Dy.Secretary inquired from the parties that what were the terms of the compromise, but the parties could not satisfy the authority that what were the terms of the compromise. The Dy.Secretary heard the parties, rejected the withdrawal application and also allowed the revision application filed by the present respondent. Being aggrieved by the said order, the petitioners are before this Court.