[1.0] Present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) has been preferred by the petitioner herein to quash and set aside the impugned order dated 08.11.2009 passed by the Deputy Collector, Dabhoi in Mamlatdar Revision Application No.3 of 2009 by which the Dy. Collector, Dabhoi has allowed the said revision application preferred by the respondents herein – original opponents and has quashed and set aside the order dated 30.07.2009 passed by the Mamlatdar, Sinor in Mamlatdar Court's Act Case No.2 of 2008. [2.0] That the petitioner herein – original applicant initiated the proceedings under the Mamlatdar Court's Act before the Mamlatdar, Sinor being Mamlatdar Court's Act Application No.2 of 2006 for access of road viz land of survey No.157/31 of one Harijan Ujamben Pragjibhai. That by order dated 05.02.2008, the Mamlatdar, Sinor dismissed the said application. Being aggrieved and dissatisfied with the order dated 05.02.2008 passed by the Mamlatdar, Sinor, the petitioner preferred Revision Application before the Deputy Collector being Revision Application No.2 of 2008 which came to be allowed by the Deputy Collector vide order dated 11.09.2008 and remanded the matter to the Mamlatdar for fresh hearing. That on remand the Mamlatdar, Sinor by order dated 30.07.2009 allowed the said application relying upon the panchnama and the statements of other farmers who were the signatory to the panchnama. That being aggrieved and dissatisfied with the order dated 30.07.2009 passed by the Mamlatdar, Sinor, the respondents herein – original opponents preferred Revision Application No.13 of 2009 before the Deputy Collector, Dabhoi and the Deputy Collector, Dabhoi by impugned order has allowed the said revision application and quashed and set aside the order dated 30.07.2009 passed by the Mamlatdar, Sinor in Mamlatdar Court's Act Case No.2 of 2008 by observing that the Mamlatdar has passed the order without proper verification of the record as well as without considering the possession of the land/road on the spot and without giving any opportunity to the land owners. Being aggrieved and dissatisfied with the impugned order dated 08.11.2009 passed by the Deputy Collector, Dabhoi in Mamlatdar Court's Act Case No.3 of 2009, the petitioner herein – original applicant has preferred the present Civil Revision Application under Section 115 of the CPC.
[3.0] Considering the fact that the panchnama which has been relied upon by the Mamlatdar was prepared behind the back of the respective parties and even the inspection was not carried out by the Mamlatdar himself, in light of the decision of the learned Single Judge in the case of Raisinh Dhirajsinh Boradhara vs. State of Gujarat reported in 2006(1) GCD 36, there is a broad consensus between the learned advocates appearing for respective parties that the impugned orders passed by both the authorities below be quashed and set aside and the matter be remanded to the learned Mamlatdar, Sinor to decide and dispose of application No.2 of 2008 in accordance with law and on merits and after giving opportunity to all concerned and after having inspection in presence of the respective parties and preparing the panchnama in presence of respective parties. Learned advocates appearing on behalf of the respective parties do not invite any further reasoned order.
[4.0] In view of the above broad consensus between the learned advocates appearing for respective parties, impugned orders passed by the Mamlatdar, Sinor dated 30.07.2009 passed in Mamlatdar Court's Act Case No.2 of 2008 as well as the impugned order passed by the Deputy Collector dated 08.11.2009 passed in Mamlatdar Court's Act Revision Application No.3 of 2009 are hereby quashed and set aside and the matter is remanded to the Mamlatdar, Sinor to decide the application submitted by the petitioner in accordance with law and on merits and after giving an opportunity to all concerned and after having inspection of the land / road in presence of respective parties and to prepare the panchnama/panchquas in presence of respective parties. It is made clear that this Court has not expressed anything on merits for either parties and it is for the learned Mamlatdar to pass an appropriate order in accordance with law and on merits as stated herein above. The aforesaid exercise shall be completed within a period of three months from the date of receipt of the present order.
[5.0] With this, present Civil Revision Application is disposed of. Direct service is permitted.
(M.R. Shah, J.) menon