SHIVCHARAN LALCHAND BHATIYA Vs. SEJAL K MEVADA

JUDGEMENT

(1.) By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs;

(2.) The facts giving rise to this writ application may be summarized as under;

(3.) Mr. Gandhi, the learned counsel appearing for the writ applicant submitted that the issue of show-cause notice dated 31st May, 2017, after these many years, is without jurisdiction. He would submit that no record can be called for by the Collector after the expiry of one year from the date of the order passed by the Mamlatdar in exercise of his powers under section 76-A of the Act for the purpose of satisfying himself as to the legality or propriety of such order or to the regularity of the proceedings of the Mamlatdar. Mr. Gandhi submitted that the issue raised in this writ application is squarely covered by two decisions of this Court; one in the case of Arunbhai Laljibhai Gadhiya vs. State of Gujarat, Special Civil Application No.12640 of 2013, decided on 22nd June, 2016 and another in the case of Shah Arvindkumar Daulatkrishna through power of attorney Shailesh Parikh vs. State of Gujarat, Special Civil Application No.7690 of 2011, decided on 16th June, 2016. Mr. Gandhi also placed reliance on a Division Bench decision of this Court in the case of Thakorbhai Tribhovandas Rao & Ors. vs. The State of Gujarat & Ors., 1995 1 GLH 758.