(1.) THE petitioner has challenged order dated 20. 10. 2008 made by respondent No. 2 (Annexure-O) and order dated 24. 10. 2008 (Annexure-P) made by respondent No. 3-Collector, Bhavnagar. After hearing the learned advocates for the respective parties, in light of the view that the Court is inclined to adopt, the petition is taken up for final hearing and disposal today. RULE. Learned Assistant Government Pleader and learned advocate appearing for the respective respondents are directed to waive service.
(2.) WITHOUT going into merits of the controversy between the parties, the impugned order dated 20. 10. 2008 cannot be upheld for the following reasons.
(3.) AS can be seen from the impugned order, Secretary (Appeals) heard the revision application on 08. 05. 2008, 12. 06. 2008 and 14. 10. 2008. On 14. 10. 2008, after hearing the learned advocates appearing for the applicant and the opponents ,the parties were directed to supply missing details by 16. 10. 2008. The order thereafter records the respective contentions, etc. and then refers to communication dated 16. 10. 2008 from Collector, Bhavnagar bearing No. Jamin-1-6556-08 whereunder the Collector has tendered written submissions and list of evidences which has been summarized by the revisional authority.