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Parul vs The

High Court Of Gujarat|20 June, 2012
1. The present Civil Revision Application under section 115 of the Code of Civil Procedure has been preferred by the petitioner herein - original respondent to quash and set aside the impugned order dated 28/12/2006 passed by learned Mamlatdar, Vaghodia in Case No.3 of 2006 and subsequent order passed under section 5 of the Mamlatdar Courts Act. It appears that at the relevant time a Revision Application was preferred before Deputy Collector against the order dated 28/12/2006 passed by Mamlatdar, Vaghodia. However, no interim order was passed and, therefore, the petitioner has also prayed in terms of Para 13(B) to direct respondent No.31- Deputy Collector, Dabhoi to decide the said Revision Application in accordance with law.
2. It appears that as the present Civil Revision Application was pending, in which, the order dated 28/12/2006 passed by Mamlatdar, Vaghodia was also challenged, the Deputy Collector has subsequently passed an order to de-register the aforesaid Revision Application, which was filed against the order passed by Mamlatdar, Vaghodia and rightly directed to de-register, as once revision application against the order passed by Mamlatdar, Vaghodia was pending before this Court, it was not open to him to consider the legality and validity of the order, which was under challenge in the present Civil Revision Application.
3. Having heard Mr.N.D.Nanavati, learned Senior Counsel appearing with Mr.Pradeep Patel, learned advocate appearing on behalf of the petitioner and Mr.Pandya, learned advocate appearing on behalf of contesting respondent, it appears to the Court that as such the present Civil Revision Application u/s.115 of the Code of Civil Procedure challenging the order passed by the Mamlatdar u/s.5 of the Mamlatdar Courts Act was not maintainable and was not required to be entertained more particularly when the Revision Application against the order passed by Mamlatdar was already filed and pending. Be that it may, with the consent of learned advocates appearing on behalf of the respective parties, the present Civil Revision Application can be disposed of by directing the Deputy Collector /Assistant Collector/ Revisional Authority to re-register the Revision Application, which was filed against the order dated 28/12/2006 passed by Mamlatdar, Vaghodia, which was re-register by order dated 28/04/2008 i.e. to re-register the said Revision Application No.1 of 2007 and decide and dispose of the same in accordance with law and on merits at the earliest and within a period of four months from today and till then all the parties be directed to maintain status quo as on today without prejudice to the rights and contentions of the respective parties in the said Revision Application. The learned advocates appearing on behalf of the respective parties have requested to dispose of the present Civil Revision Application in aforesaid terms.
4. In view of the above and for the reasons stated hereinabove and above request, the present Civil Revision Application is disposed of by directing the concerned Deputy Collector/ Assistant Collector/ Revisional Authority to re-register the Revision Application No.1 of 2007, which was filed against the order passed by Mamlatdar u/s.5 of the Mamlatdar Courts Act and consequently the said Revision Application is restored to file in the register of the Revisional Authority and Revisional Authority is directed to decide and dispose of the said Revision Application No.1 of 2007 in accordance with law and on merits after giving an opportunity to all concerned at the earliest but not later than four months from today. Till then, the respective parties are directed to maintain status quo as on today and the same shall be without prejudice to the rights and contentions of the respective parties in the Revision Application and Revisional Authority to decide and dispose of the same in accordance with law and on merits and without in any way being influenced by the present order by directing the parties to maintain status quo. All concerned are directed to co-operate the learned Revisional Court in deciding the matter within stipulated time as stated hereinabove. With this, the present Civil Revision Application is disposed of.
Direct service is permitted.
[M.R.SHAH,J] *dipti Top
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Title

Parul vs The

Court

High Court Of Gujarat

JudgementDate
20 June, 2012