VAGHELA MAFABHAI AMTHABHAI Vs. MAMLATDAR MEHSANA

JUDGEMENT

(1.) PETITIONERS have challenged an order dated 4.8.1998 passed by Deputy Secretary, Revenue Department, Government of Gujarat by which the appeal of the petitioners came to be turned down.

(2.) SHORTLY stated, facts of the petition are as follows:

(3.) HAVING heard the learned advocates appearing for the parties, I find that though the appellate authority was justified in not basing his order on the alleged order of the Deputy Collector since no such order was produced before him, in the interest of justice, the petitioners would deserve a chance to place the same on record. Under the circumstances, the impugned order dated 4.8.1998 passed by the appellate authority is set aside. It will be open for the petitioners to produce additional documents particularly certified copy of the above mentioned order dated 27.1.1987 stated to have been passed by the Deputy Collector. If such additional documents are produced within four weeks from today, same shall be taken into account and appeal be disposed of afresh after hearing the petitioners or their representative. It will be open for the appellate authority to verify the exact background under which such an order came to be passed and whether the same was noticed by the Collector at the relevant time to exercise suo motu powers, if found necessary. The appellate authority may attempt to dispose of the revived appeal proceedings expeditiously and preferably by 31.1.2009.