In this petition under Article 227 of the Constittuion of India the petitioners have challenged the legality and validity of the judgment and order passed by the Deputy Collector, Navsari dated 31st August 2004 in Revision Application No. 5 of 2003 in partly allowing the same by remanding the matter to the Mamlatdar for deciding the same considering the observations made in the said order.
2.Shri NK Majmudar, learned advocate appearing for the petitioners has submitted that earlier twice the matter came to be remanded to the Mamlatdar and again by the impugned order the matter is remanded to the Mamlatdar with a view to fill-up the lacuna. He has also further submitted that there must be some finality to the proceedings and again and again matters are not required to be remanded.
3.Considering the impugned order dated 31st August 2004, more particularly the observations made in the said order, the matter is remanded by the Deputy Collector to the Mamlatdar on having found that certain aspects had not been considered by the Mamlatdar while deciding and passing the order dated 25.11.2003. In view of the fact that the matter is only remanded to the Mamlatdar for deciding the same considering the observations made in the order, as such there is no prejudice caused to the petitioners. The petitioners shall be given ample opportunities to adduce evidence and/or cross-examine the witnesses. It will also be open for the petitioners to rely upon the earlier Panchnama also and the same may be considered by the Mamlatdar while deciding the suit on remand. In view of the fact that the proceedings have been initiated in the year 1998 and twice the matter is remanded, the Mamlatdar, Vansada is directed to decide and dispose of the suit as early as possible, preferably within the period of 4 months from the date of receipt of this order and try to decide all the points so that again the matter may not have to be remanded.
4.With these observations and direction, the present Special Civil Application is dismissed. Direct service is permitted.
[ M.R. Shah, J. ] rmr.