Heard Mr.Viral K.Shah, learned advocate for the petitioner. It is submitted by him that though the petitioner has an alternative remedy in approaching the Gujarat Revenue Tribunal, however, the petitioner has not been heard before passing the impugned order dated 05.11.2011, by the Collector. It is further submitted that the impugned order is an unreasoned and non-speaking one, therefore, this Court may entertain the petition.
In support of the above submissions, reliance has been placed upon the following judgments:
Secretary and Curator, Victoria Memorial Hall v. Howrah Ganatantrik Nagrik Samity And Others - (2010)3 SCC 732 (2) Kratnti Associates Private Limited And Another v. Masood Ahmed Khan And Others - (2010)9 SCC 496 (3) Union of India And Others v. Tantia Construction Private Limited - (2011)5 SCC 697 (4) M.P.State Agro Industries Development Corpn. Ltd. And Another v. Jahan Khan - (2007)10 SCC 88 (5) Sahara India (Firm), Lucknow v. Commissioner of Income Tax, Central-I And Another - (2008) 14 SCC 151 Mr.Rohan Yagnik, learned Assistant Government Pleader, who has appeared on supply of the advance copy of the petition, has submitted that the petitioner has an alternative remedy.
Issue Notice returnable on 30.03.2012.
(Smt.
Abhilasha Kumari, J.) (sunil) Top