Kavitaben vs State of Gujarat and Others

M.R. Shah, J.—By way of this petition under Articles 226 & 227 of the Constitution of India, the petitioners have prayed for an appropriate writ, direction and order quashing and setting aside the impugned order dated 4.2.2009 passed by the Deputy Secretary, Urban Development and Urban Housing Development Department, State of Gujarat passed in Revision Application No. 3 of 2003 by which the revision application preferred by the husband of petitioner No. 1.1 and father of petitioner Nos. 1.2 to 1.4 has been dismissed confirming the order passed by the Collector, Navsari dated 24.4.2002 passed in Appeal No. 32 of 2004.

It is the case of the petitioners that the impugned order passed by the revisional authority is in breach of principles of natural justice, as the same has been passed without giving an opportunity to the original revisionist. It is submitted that in fact, the learned Single Judge of this Court passed an order dated 11.11.2008 directing the revisional authority - State Government to decide the revision application within a period of two months and after hearing the concerned parties, however after the said order, no hearing had taken place and straightway revisional authority has dismissed the said revision application.

Ms. Trusha Patel, learned AGP has tried to submit that as earlier the parties were heard, however in view of the pendency of Special Civil Application No. 3649 of 2002, final order was not passed. Therefore, it is submitted that it cannot be said that the impugned order is in breach of principles of natural justice.

Heard the learned advocates for the respective parties at length. It appears from the record that after order passed by this Court dated 11.11.2008 passed in Special Civil Application No. 3649 of 2002, no hearing has taken place in the Revision Application No. 3 of 2003. It appears from the Rojkam, when the revisional authority passed an order that parties shall be heard after decision in Special Civil Application No. 3649 of 2002, however after the decision in the Special Civil Application, no hearing has been given and and the impugned order has been passed. Thus, it appears that impugned order, the same is in breach of principles of natural justice and the same deserves to be quashed and set aside.

In view of the above and for the reasons stated above, impugned order dated 4.2.2009 passed by the Deputy Secretary, Urban Development and Urban Housing Development Department, State of Gujarat passed in Revision Application No. 3 of 2003 is hereby quashed and set aside solely on the ground that the same is in breach of principles of natural justice and the matter is remanded to the revisional authority for deciding the same afresh in accordance with law and on merits and after giving an opportunity to all concerned. Learned advocates for the respective parties have stated at the bar that the respective parties in person and/or through their advocate shall appear before the State Government on 13.9.2010 between 11.am to 2 p.m for the purpose of next date of hearing and petitioners herein to be brought on record as heirs of original revisionist and to complete the record. Thereafter revisional authority to pass an appropriate order in accordance with law and on merits after hearing all concerned within a period of three months thereafter. Learned advocate for the respective parties have taken note of next date of hearing before the revisional authority i.e. 13.9.2010 and that no notice is required to be served upon the respective parties with respect to date of hearing on 13.9.2010. Rule is made absolute to the aforesaid extent. No. Cost.