Suresh Puniya vs State of Gujarat and Others

M.R. Shah, J.—By way of this petition under Article 227 of the Constitution of India, the Petitioners, who are claiming to be heirs and legal representatives of one Kaliben Barsangbhai Vasava - Respondent No. 1 in Revision Application No. 3 of 2000, have prayed for appropriate writ, order and/or direction quashing and setting aside the impugned judgment and order passed by the Secretary (Appeals), Revenue Department, State of Gujarat dtd.17/8/2006 in Revision Application No. 3 of 2000 by which the revisional authority has allowed the Revision Application preferred by the Respondent Nos. 5 and 6 herein and has quashed and set aside the order passed by the Collector, Bharuch dtd.20/10/1998, by which the Collector, Bharuch has quashed and set aside the order passed by the Dy. Collector, Bharuch dtd.31/5/1998 and remanded the matter to the Mamlatdar, Valia for deciding RTS Case No. 1516.

It is not in dispute that the Respondent No. 1 in Revision Application No. 3 of 2000 i.e. Kaliben Barsangbhai Vasava died / expired on 7/3/2002 during the pendency and final disposal of the aforesaid Revision Application No. 3 of 2000. It is also not in dispute that thereafter without bringing the heirs and representatives on record of original Respondent No. 1 - Kaliben Barsangbhai Vasava, the Secretary (Appeals), Revenue Department, State of Gujarat passed the impugned judgment and order. Thus, the impugned judgment and order passed by the revisional authority is against a dead person and hence the same is a nullity, which cannot be sustained. On the aforesaid ground alone the impugned order passed by the Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No. 3 of 2000 deserves to be quashed and set aside and the matter is to be remanded to the said authority for deciding the said Revision Application afresh in accordance with law and on merits and after giving an opportunity to the Petitioners herein being heirs of the original Respondent No. 1 -Secretary (Appeals), Revenue Department, State of Gujarat.

In view of the above and for the reasons stated above, present petition succeeds. The impugned judgment and order passed by the Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No. 3 of 2000 dtd.17/8/2006 is hereby quashed and set aside on the aforesaid ground alone and the matter is remanded to the Secretary (Appeals), Revenue Department, State of Gujarat to decide and dispose of the aforesaid Revision Application No. 3 of 2000 in accordance with law and on merits and after giving opportunity to the Petitioners herein being heirs and representatives of the Respondent No. 1 - Kaliben Barsangbhai Vasava. The Petitioners herein - heirs of Kaliben Barsangbhai Vasava shall file a formal application before the Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No. 3 of 2000 permitting them to be brought on record as heirs and legal representative of original Respondent No. 1 - Kaliben Barsangbhai Vasava and the same may be granted by the learned Secretary (Appeals), Revenue Department, State of Gujarat and after joining them as party, the Secretary (Appeals), Revenue Department, State of Gujarat shall decide and dispose of the Revision Application No. 3 of 2000 in accordance with law and on merits, as stated here in above.

It is to be noted that this Court has not expressed any opinion on merits in favor of either parties and the impugned judgment and order passed by the Secretary (Appeals), Revenue Department, State of Gujarat is quashed and set aside on the aforesaid ground only and it is ultimately for the Secretary (Appeals), Revenue Department, State of Gujarat to pass appropriate order in accordance with law and on merits, for which this Court has not expressed any opinion.

In the facts and circumstances of the case, the Secretary (Appeals), Revenue Department, State of Gujarat, is hereby directed to decide and dispose of the aforesaid Revision Application No. 3 of 2000 on remand at the earliest but not later than six months from the date of receipt of writ of this judgment and order. Rule is made absolute to the aforesaid extent.

Registry is directed to send writ of this judgment and order to the Secretary (Appeals), Revenue Department, State of Gujarat immediately.