RATHOD KIRANBEN JAYVANTKUMAR Vs. SPECIAL SECRETARY

JUDGEMENT

(1.) By this application under Article 227 of the Constitution of India, the petitioner calls in question the legality and validity of the order dated 11/12/2014 passed by the Secretary, Revenue Department (Appeals), Ahmedabad, by which, the Secretary rejected the revision application filed by the applicant herein, thereby affirming the order dated 18/03/2014 passed by the Collector, Aravalli.

(2.) The facts giving rise to this petition may be summarized as under: 2. 1 The dispute between the parties pertains to the land bearing block/survey no.337 situated at Village-Gaajan, Taluka-Modasa, District-Aravalli. It is the case of the respondents nos.5, 6, 7, 8 and 9 that they are the joint owners of the land bearing block/survey no.337. It appears from the materials on record that the applicant herein purchased the land bearing block/survey no.331 of Village-Gaajan, Taluka-Modasa in two parts by two registered saledeeds dated 05/03/2010 and 15/04/2011 respectively. The land was purchased by the applicant for the purpose of putting up a petrolpump. 2. 2 After the purchase of the land bearing block/survey no.331, the applicant applied for the N.A. Permission with the Collector. The record reveals that the land bearing block/survey no.337 owned by the private respondents, is adjacent to the land bearing block/survey no.331. The only distinction is in the position of the land. The land bearing block/survey no.337 owned by the private respondents is quite abutting the highway, whereas, the land bearing block/survey no.331 purchased by the applicant is on the rear portion. When the applicant applied for the N.A. Permission, an objection was raised by the private respondents herein. It appears that for some reason or the other, those objections came to be withdrawn by them. This is evident from the page 45. It appears that the Collector, Sabarkantha, after the withdrawal of the objections raised by the private respondents herein passed an order granting the N.A. Permission dated 11/09/2012. The N.A permission was for the purpose of putting up a petrolpump on the land bearing block/survey no.331. 2. 3 After the grant of the N.A. permission, the applicant herein applied with the Village Panchayat for development permission. The Village Panchayat by order dated 25/09/2012 granted rajachiththi to put up the necessary construction of the petrolpump. 2. 4 The record further reveals that the private respondents came before this Court by filing the Special Civil Application No.3450 of 2013. The said writapplication came to be disposed of by a learned Single Judge of this Court vide order dated 03/04/2013. The order reads as under:

(3.) The principal argument of the learned senior counsel appearing for the petitioner is that the S.S.R.D. committed a serious error in passing the impugned order inasmuch as the said order is passed without affording any opportunity of hearing to the applicant. Mr. Mehta disputes the putting up of the construction of the petrolpump on the land owned by the private respondents. Mr. Mehta points out that the parties have arrived at an amicable settlement and such settlement has been reduced into writing, duly signed by the parties. He would submit that even assuming for the moment that the construction of the petrolpump is on the land owned by the private respondents, it is for the private respondents to approach the Civil Court and get a declaration to that effect and obtain a decree. The revenue authorities have nothing to do with this issue.