Gujarat High Court
Gujarat Co-Operative Bank Ltd. vs Addl. Secretary, on 7 September, 2018
Author: Rajesh H.Shukla
Bench: Rajesh H.Shukla
C/SCA/20410/2017 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 20410 of 2017
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GUJARAT CO-OPERATIVE BANK LTD.
Versus
ADDL. SECRETARY,
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Appearance:
MR. RAJ A TRIVEDI(7024) for the PETITIONER(s) No. 1
VIRAL K SHAH(5210) for the PETITIONER(s) No. 1
MR. MANAN SHAH, AGP for the RESPONDENT(s) No. 1,2,3,4
RULE SERVED(64) for the RESPONDENT(s) No. 5.1,5.2
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CORAM: HONOURABLE MR.JUSTICE RAJESH H.SHUKLA
Date : 07/09/2018
ORAL JUDGMENT
1. The present petition is filed by the Petitioner - Gujarat Cooperative Bank Limited under Articles 14, 19 and 226 of the Constitution of India as well as under the provisions of Gujarat Land Revenue Code for the prayer as prayed for in the petition inter alia that appropriate writ, order or direction may be issued quashing and setting aside the impugned order at Annexure-A passed by the Secretary (Appeals), Revenue Department, Ahmedabad dated 24.10.2017 on the grounds stated in the memo of petition.
2. Heard learned Advocate Shri Viral K. Shah for the petitioner and learned AGP Shri Manan Mehta for Respondent Nos. 1, 2, 3 and 4.
3. Though served, Respondent Nos. 5.1 and 5.2 are not present and Page 1 of 2 C/SCA/20410/2017 JUDGMENT none appears for them.
4. During the course of hearing, some discrepancy was pointed out with regard to the order passed by the SSRD at Annexure-A.
5. Therefore, without any further elaboration, in the interest of justice, the impugned order at Annexure-A passed by the Secretary (Appeals), Revenue Department in Revision Application No. 27 of 2017 dated 24.10.2017 is hereby quashed and set aside. The Revision Application No. 27 of 2017 is ordered to be decided afresh by the Secretary (Appeals) after providing an opportunity of hearing to the concerned parties and also after taking into consideration the relevant material.
6. Therefore the present petition stands allowed to the aforesaid extent with the direction to the Respondent No.1, Secretary (Appeals), Revenue Department to take the decision as stated above in the aforesaid Revision Application No.27 of 2017 within a period of two months in accordance with law without being influenced by the order passed by this court, after providing an opportunity of hearing to all concerned. Rule is made absolute. No order as to costs.
7. A copy of this order be made available to learned AGP Shri Manan Mehta for onward communication for compliance.
(RAJESH H.SHUKLA, J) Page 2 of 2