RULE.
Mr.Ronak Raval, learned Assistant Government Pleader appears and waives service of rule on behalf of the respondent State authorities. Considering the issue involved in the present petition and with consent of the learned counsel for the respective parties, the matter is taken up for final hearing today.
By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged order dated 11/18.04.2011 passed by Special Secretary (Appeals), Revenue Department, Gujarat State, in Revision Application No.MVV/HAKAP/SABAR/20/ 2010 filed by the petitioner.
Mr.Y.H.Motiramani, learned advocate for the petitioner, submitted that the impugned order dated 11/18.04.2011 (at Annexure-A) is passed without hearing the petitioner and only on this sole ground the petition deserves to be allowed.
A bare reading of the impugned order indicates that hearing was as such kept by respondent No.6-Special Secretary (Appeals), Revenue Department, Gujarat State, on 10.11.2010, however, no one has represented on behalf of the petitioner and the petitioner has not remained present at the time of hearing. However, it is an admitted position that the revision application has been dismissed in limine. It is the case of the petitioner that the communication dated 10.11.2010 mentioned in impugned order is never received by the petitioner.
Without going into the controversy whether the petitioner was informed for the date of hearing or not and as can be seen from the impugned order respondent No.6 has only recorded that hearing was kept on 10.11.2010, the impugned order deserves to be quashed and set aside only with a view to give one more opportunity to the petitioner for hearing before respondent No.6 authority.
It is however made clear that this Court has not examined the matter on merits and the order impugned is hereby quashed and set aside only on the sole ground that it has been passed without hearing the petitioner. It would be open for respondent No.6 authority to take an appropriate decision in the matter on its own merits after affording opportunity of hearing to the petitioner without being influenced by this order.
Accordingly, the petition is allowed. Order impugned dated 11/18.04.2011 passed by respondent No.6-Special Secretary (Appeals), Revenue Department, Gujarat State, in Revision Application No.MVV/HAKAP/SABAR/20/2010 is hereby quashed and set aside and the revision application is hereby restored to the file of Special Secretary (Appeals), Revenue Department, Gujarat State.
The petitioner is directed to remain present before Special Secretary (Appeals), Revenue Department, Gujarat State, within a period of 01 (one) week from the date of receipt of this order and Special Secretary (Appeals), Revenue Department, Gujarat State, shall fix the date of hearing of Revision Application No.MVV/HAKAP/SABAR/20/2010 so remanded and inform the petitioner about the date of hearing.
With these observations, the petition is partly allowed. There shall be no order as to costs. Direct service only for respondent No.6 is permitted.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Top