SHANTABEN CHANDUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN this petition under Art. 227 of the Constitution of India, the petitioners have brought under challenge an order dated 21-7-1992 passed by the Secretary (Appeals) whereby the said authority i. e. respondent No. 1 set aside the order dated 23-6-1989 passed by the Mamlatdar and A. L. T.

(2.) ON perusal of the said order, it becomes clear that the respondent No. 1 i. e. Authority, after hearing the applicant (i. e. present respondent No. 4)and present petitioners, inter alia, recorded that, (a) the said order dated 23-6-1989 is bad in law also because heirs of the land owner i. e. Shankarlal nathubhai Tarvadi were not issued any notice and the proceedings were carried on in absence of heirs of the land owner, (b) The proceedings could not have been undertaken in exercise of powers under Sec. 32p (ii) (C) and in the facts of the case the said provisions were not attracted or applicable.

(3.) IN view of aforesaid findings respondent No. 1, came to the conclusion that the order dated 23-6-1989 deserved to be set aside. He also came to the conclusion that proper inquiry into the facts involved in the matter was required to be undertaken. Unfortunately, after having recorded such conclusion, the said authority failed to remand the matter to the authority for proper inquiry.