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Partners vs Kalabhai

High Court Of Gujarat|29 June, 2012

JUDGMENT / ORDER

1. By way of this petition under Article 226 of the Constitution of India, the petitioners have challenged order dated 17.02.2012 passed by the Deputy Collector, Sanand in R.T.S. Appeal No.280 of 2011 under Rule 108(5) of the Gujarat Land Revenue Rules, 1972.
2. Ms.Hiral Trivedi, learned counsel appearing for the petitioners submits that the petitioners are also willing to pay the premium in accordance with law.
3. The challenge of the petitioners in the petition is against the RTS proceedings and even otherwise, it would be open for the petitioners to approach the concerned authority for payment of premium.
4. As the petitioners have an alternative efficacious remedy by way of filing revision application as contemplated under Rule 108(6) of the said Rules, the petition is not entertained and is disposed of accordingly.
5. The petitioners have challenged impugned order dated 17.02.2012 which was received on 29.03.2012. The revisional authorities shall consider the said fact while considering the point of limitation, if any such revision application is filed by the petitioners.
6. It is also made clear that this Court has not examined the matter on merits and the petition is disposed of only on the ground of availing alternative efficacious remedy, as observed above.
(R.M.CHHAYA, J.) Hitesh Top
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Title

Partners vs Kalabhai

Court

High Court Of Gujarat

JudgmentDate
29 June, 2012