Nagaarjunbhai Merubhai Chauhan vs State of Gujarat and Others

M.R. Shah, J.

Rule. Learned Assistant Government Pleaders in respective petitions waives service of notice of Rule on behalf of respondent - State.

As this Court proposes to remand the matter to the Secretary (Appeals), Revenue Department, State of Gujarat to decide and dispose of the Revision Application Nos. 1/2008 to 9/2008 and Revision Application No. 15/2008, as only those orders are challenged in the present Special Civil Applications, the private respondents are not required to be heard and as the impugned orders are passed by the Secretary (Appeals), Revenue Department, State of Gujarat in suo motu Revision Applications, only State is required to be heard and that is how learned Assistant Government Pleaders are heard.

In all these petitions, respective common petitioner (original owner) has prayed for an appropriate writ, direction or order quashing and setting aside the impugned judgment and order dated 15.01.2010 passed by the Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application Nos. 1/2008 to 9/2008 and Revision Application No. 15/2008, by which the Secretary (Appeals), Revenue Department, State of Gujarat in exercise of the powers u/s 211 of the Bombay Land Revenue Code has quashed and set aside the respective orders passed by the Taluka Development Officer mentioned in paragraph 6 of the said order, by which the Taluka Development Officer, Vadodara quashed and set aside the non-agriculture use permission granted in favour of original owner and/or respective persons and imposing 10 times (pet) penalty. The main grievance of the petitioner is that though the petitioner is the owner of the disputed lands in question, petitioner is not heard and therefore, the impugned orders passed by the respondent State of Gujarat is in breach of principles of natural justices.

Having heard learned advocates appearing for respective parties and considering the above submissions, this Court is of the opinion that being an owner, petitioner ought to have been given an opportunity. Under the circumstances, impugned orders passed by the Revisional Authority passed in aforesaid Revision Application Nos. 1/2008 to 9/2008 and Revision Application No. 15/2008 deserves to be quashed and set aside and the matters are to be remanded to the Secretary (Appeals), Revenue Department, State of Gujarat for deciding the same afresh in accordance with law and on merits and after giving an opportunity to petitioner and all other concerned.

In view of the above and for the reasons stated above, without further entering into merits of the case and/or expressing anything on merits, impugned order dated 15.01.2010 passed by the Secretary(Appeals), Revenue Department, State of Gujarat in suo moto Revision Application Nos. 1/2008 to 9/2008 and Revision Application No. 15/2008 are hereby quashed and set aside and the matter is remanded to the Secretary (Appeals), Revenue Department, State of Gujarat to decide and dispose of the same and pass an appropriate order in accordance with law and on merits and after giving an opportunity to the petitioner and all concerned. Let the petitioner submit an appropriate application before the Revisional Authority in the aforesaid proceedings for permitting him to be joined as party, within a period of three weeks from today and Revisional Authority is hereby directed to permit the applicant to be joined as party respondent in the aforesaid Revision Application Nos. 1/2008 to 9/2008 and Revision Application No. 15/2008 and pass an appropriate order in accordance with law and on merits after giving an opportunity of hearing to the petitioner as well as all other concerned. The aforesaid exercise shall be completed within a period of four months from the date of receipt of the present order. Rule is made absolute in each of the petitions to the aforesaid extent only. In the facts and circumstances of the case, no order as to costs. Direct service is permitted.