DIGVIJAY PARBATSINH RANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these appeals arise out of oral order dated 28.9.2017 passed by learned Single Judge in Special Civil Application No.12943 of 2017. In the writ petition filed by the writ petitioner, legality and validity of order dated 9.6.2017 passed by the Dy. Collector, Rajkot, in exercise of powers under Section 203 of Bombay Land Revenue Code in the Case No.1 of 2015 was under challenge. The Dy. Collector had allowed the appeal filed by original respondent Nos. 4.1 to 4.4 in their capacity as partners of partnership firm by challenging legality and validity of the mutation of entries bearing No.461 and 462 in the record of rights qua property bearing City Survey Ward No.15/1,City Survey No.2398.

(2.) Before learned Judge question was raised about powers exercised by the Dy. Collector in entertaining the appeal without considering the delay and there appears to be sufficient cause or not and requirement of statutory period under the rules for filing the appeal before revenue authority etc. and admittedly, no application seeking condonation of delay of about 9 years was preferred by original respondent Nos 4.1 to 4.4.

(3.) Learned Single Judge accepted the prayer of the writ petitioner by allowing the writ petition and quashing and setting aside order dated 9.7.2017 passed by the Dy. Collector and the matter was remitted for decision afresh, however, finally it was observed as under: