RASIK TRIVEDI Vs. NILAM GANDHI

JUDGEMENT

(1.) HEARD learned counsel for the parties. In this writ petition, petitioner is challenging validity of order Dt. 16.08.2010 whereby the District Collector, Udaipur while entertaining revision petition filed under Sec. 97 of Rajasthan Panchayati Raj Act set aside the Patta issued in favour of petitioner.

(2.) AT the threshold learned counsel for the petitioner submits that the order impugned has been passed by the District Collector without considering the documents produced by the petitioner so also no reasons are given for the finding given by the District Collector, Udaipur therefore the order impugned is not in consonance with basic principles of law.

(3.) AFTER hearing learned counsel for the parties, in the opinion of this Court, the order passed by the District Collector, Udaipur is non -speaking order and it has been passed without considering the documents produced by the petitioner before him therefore, the order impugned Dt. 16.08.2010 passed by the District Collector, Udaipur in revision No. 17/2009 is hereby quashed and matter is remitted to the District Collector, Udaipur for deciding the same afresh after providing opportunity of hearing to both the parties and taking into consideration all the documents produced on record within one month from the date of receiving certified copy of this order. The writ petition is disposed of in above terms.