Gujarat High Court
Ravji Bhangad Ukabhai Rathod & 4 vs Vikrambhai Poonjabhai Bakhalkiya & on 21 October, 2016
Author: R.M.Chhaya
Bench: R.M.Chhaya
C/SCA/18185/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 18185 of 2016
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RAVJI BHANGAD UKABHAI RATHOD & 4....Petitioner(s)
Versus
VIKRAMBHAI POONJABHAI BAKHALKIYA & 11....Respondent(s)
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Appearance:
MR RM PARMAR, ADVOCATE for the Petitioner(s) No. 1 - 5
MR SHIRISH GOHIL, AGP for the Respondent(s) No. 8 to 11
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CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA
Date : 21/10/2016
ORAL ORDER
1. Heard Mr.R.M.Parmar, learned counsel for the petitioners and Mr.Shirish Gohil, learned counsel for respondent Nos.8 to 11.
2. By way of this petition under Article 226 of the Constitution of India, the petitioners have challenged the order dated 03.07.2016 passed by Deputy Collector, Olpad, Surat, in Application No.JMN/73AA/Reg.No.04/2015 under the provisions of the Gujarat Land Revenue Code.
3. As the petitioners have an efficacious alternative remedy by way of filing revision as provided under Rule 108(6) of the Gujarat Land Revenue Rules and further remedy under Rule 108(6)(A) of the Gujarat Land Revenue Rules, present petition is not entertained. However, keeping in mind the ratio laid down by this Court vide order dated 05.10.2015 in Special Civil Application No.14727 of 2015 and allied matters, it is clarified that Page 1 of 2 HC-NIC Page 1 of 2 Created On Sat Oct 22 01:31:22 IST 2016 C/SCA/18185/2016 ORDER if the revision is filed by the petitioners before learned Special Secretary, Revenue Department (Appeals) on, or before, 07th November, 2016, the same shall be considered by the concerned authority on its own merits.
4. It is clarified that this order is passed only on the ground of availability of alternative efficacious remedy and this Court has not expressed any opinion on merits of the matter.
With the above observation and direction, the petition stands disposed of. Direct Service is permitted.
(R.M.CHHAYA, J.) Suchit Page 2 of 2 HC-NIC Page 2 of 2 Created On Sat Oct 22 01:31:22 IST 2016