SARLABEN JAYANTILAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present petition is filed being aggrieved by order passed by the Secretary (Appeal) dated 19.12.2006 in Revision Application No.28 of 2006 filed by one Urmilaben, Wd/o Narottambhai Morabhai Mistry and others being aggrieved by order passed by the Collector dated 30.05.2006 in RTS Revision Case No.72 of 2003. Present petitioners had filed an application for being impleaded as party on 04.04.2006.

(2.) The Collector has recorded that application given by the present petitioners for being impleaded as party respondents dated 04.04.2006 is after the revision was filed on 27.11.2003 and after the matter was heard on 20 different dates and therefore, the same cannot be granted.

(3.) It so happened that the applicants of RTS/Revision Case No.72 of 2003, being aggrieved by order of the Collector dated 30.05.2006, filed Revision Application No.28 of 2006 before the Secretary (Appeal). In that appeal, once again, the petitioners filed an application for being impleaded as party and that prayer is again rejected by the Secretary (Appeal), saying that if at all these applicants have any right interest in the subject matter, they should get relief from the Civil Court. It is also on record that the applicants before the Collector and before the Secretary (Appeal) had filed Special Civil Suit No.22 of 2005, wherein the petitioners filed application Exh.16 praying that they should be allowed to be impleaded as party respondents. That application is again rejected by order dated 10.04.2007.