1.With the consent of the parties, the matter is taken up for final hearing.
2.The present petition is preferred against the order dtd. 9th March, 1998 passed by the Chief Controlling, Revenue Authority, State of Gujarat, Ahmedabad.
3.Heard Mr. Prajapati, for the petitioner and Mr.MK Patel, Ld AGP for the respondent. Mr. Prajapati for the petitioner submitted that the order passed by the Appellate Authority is stereotype order and no reasons whatsoever has been recorded while dealing with the appeal. Mr. Prajapati submitted that the petitioner had purchased the properties with tenant and therefore, the said part for taking defence that the property will not fetch 100% market value is at all not considered. Mr. M.K.Patel,AGP supported the order of the appellate authority.
4.Considering the facts and circumstances of the case, I am of the view that, when the appellate authority viz. Chief Revenue and Controlling Authority is exercising the appellate power, it is obligatory for the authority to consider the defence of the petitioner and the grounds raised in the appeal or at the time of hearing the appeal and then to pass the speaking order. Perusal of the order, copy whereof annexed at page 54B shows that the same is a cyclostyled order only some gapes have been filled up and two sentence are added. This clearly shows total non application of mind on the part of the appellate Authority. Therefore, it is clear case of non discharge of statutory function vested with the Chief Revenue and Controlling Authority exercising the appellate powers under Sec. 32(B) of the Bombay Stamp Act.
5.Under these circumstances, since the order is passed without proper application of mind and since it is not a speaking order, the same cannot be sustained in the eye of law. Therefore, the same deserves to be quashed and set aside only on the ground that the order is not a speaking order.
6.The petition is allowed by quashing and setting aside the order passed by the appellate authority with further direction that the appellant authority will rehear the appeal afresh after giving opportunity of hearing to the present petitioner as well as to the Deputy Collector and will render its decision within a period of three months from the date of receipt of the order of this Court. The Rule made absolute to the aforesaid extent. There shall be no orders as to costs.
[JAYANT PATEL, J] snt./