MEWASA (BAWA) GRAM PANCHAYAT Vs. VALLABHBHAI VIRABHAI MAKWANA

JUDGEMENT

(1.) THE petitioner is the Mewasa (Bawa) Gram Panchayat, who has filed the present writ petition with several prayers. The main grievance of the petitioner is that the application for being impleaded as party respondent in Revision Application No.39 of 2006, pending before the Special Secretary, (Appeals), Revenue Department has been rejected vide order dated 24 -5 -2007, which is impugned in the present petition.

(2.) I have heard Mr.Amar D.Mithani,learned counsel for the petitioner, Mr.S.V.Parmar,learned counsel for the respondents Nos.1,2 and 3 and Ms.Mini M.Nair,learned Assistant Government Pleader for the respondents Nos.4 and 5. Mr.Amar D.Mithani,learned counsel for the petitioner -Panchayat submits that since the land in question is ear -marked as Gaucher land, the petitioner is a necessary party before the revisional authority. Mr.S.V.Parmar, learned counsel for the respondents Nos.1 to 3 has fairly stated that he has no objection if the petitioner is directed to be impleaded as a party respondent in the revision application, and an opportunity of hearing is provided to him before the Special Secretary, (Appeals),Revenue Department.

(3.) IN the light of the fair stand taken by Mr.S.V.Parmar,learned counsel for the respondents Nos.1 to 3,this Court is not going into the merits of the case, since the matter is under adjudication of the revisional authority. In the circumstances and in the light of the statement made by Mr.S.V.Parmar the only order that is required to be passed is that the petitioner i.e. Mewasa (Bawa) Gram Panchayat be joined as a party respondent in the Revision Application No.39 of 2006, which is pending before the Special Secretary, (Appeals)Revenue Department. To the aforesaid extent, the order dated 24 -5 -2007 is set aside. The revisional authority may hear the parties, including the petitioner and pass an order on the revision application on merits, in accordance with law, as expeditiously as possible and preferably not later than 31 -3 -2008. Rule is made absolute to the aforesaid extent. There shall be no orders as to costs.