RABARI PETHA RAMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India the petitioner has prayed for as under:

(2.) Heard, the learned advocate for the petitioner as well as the learned Assistant Government Pleader for the respondent - State.

(3.) Short issue which has arisen for consideration in this petition is whether the decision of the Mamlatdar in exercise of delegated powers of Collector under Section 37(2) of the Bombay Land Revenue Code (for brevity, 'the Code'), is amenable to appeal before the Collector or not. It is submitted that the issue involved in the present petition is squarely covered by the decision dated 09.09.2011 rendered by the Division Bench of this Court in Letters Patent Appeal No. 660 of 2011 in Special Civil Application No. 4758 of 2010, which is confirmed by the Hon'ble Apex Court vide order dated 03.07.2017 passed in SLP No. 5806 of 2012. Attention of this Court is also drawn by the learned advocate for the petitioner that following the aforesaid decision, which is upheld by the Hon'ble Apex Court, the coordinate bench of this Court, vide order 09.01.2018 passed in Special Civil Application No. 5198 of 2014, set aside the impugned order therein. He submitted that the law on this issue is now settled by the Hon'ble Apex Court and therefore, in the instant case also, the impugned order and the proceedings initiated in pursuance to order dated 07.08.2003 are required to be quashed and set aside together with the portion of GR making such provisions. He also urged this Court to direct the concerned respondent authority to mutate the name of the petitioner in the relevant revenue records.