Gujarat High Court
Madhav Corporation Through Partner ... vs State Of Gujarat on 24 June, 2022
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
C/SCA/1830/2019 ORDER DATED: 24/06/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1830 of 2019
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MADHAV CORPORATION THROUGH PARTNER PRAKASHBHAI
RAMANLAL SHAH
Versus
STATE OF GUJARAT
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Appearance:
MR AMAR D MITHANI(484) for the Petitioner(s) No. 1
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP
MR JK SHAH, AGP for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 1,2
NOTICE UNSERVED for the Respondent(s) No. 3
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
Date : 24/06/2022
ORAL ORDER
1. By this petition, the petitioner has prayed for quashing and setting aside the order dated 30.07.2018 passed by the Special secretary, Revenue Department (Appeals) (hereinafter referred to as "the learned Secretary"). The grievance of the petitioner is that the NA permission was granted by the Collector on 30.09.2015 on certain terms and conditions. The petitioner purchased the plots vide registered sale deed dated 10.08.2016. Necessary entries were posted in the revenue record. Entry no. 3226 dated 27.10.2016, was posted in the revenue record and was certified on 17.01.2017. Proceedings under section 211, were initiated by the learned Secretary and without hearing the petitioner, the order dated 30.07.2018 has been passed canceling the NA permission dated 30.09.2015.
2. Mr. Amar Mithani, learned Advocate submitted that the said order passed by learned Secretary is in violation of the prinicples of natural justice inasmuch as though the name of the petitioner was very much on the revenue record, have not been heard. In fact, in Page 1 of 2 Downloaded on : Fri Jun 24 21:16:51 IST 2022 C/SCA/1830/2019 ORDER DATED: 24/06/2022 the reply filed by the petitioner, the said aspect was brought to the notice. However, the petitioner was not heard and the order dated 30.07.2018 has been passed. It has been urged that the matter is quite old and let the learned Secretary decide the same at the earliest.
3. Mr. JK Shah, learned Assistant Government Pleader was required to take instructions and it has been reported that while passing the order dated 30.07.2018, the petitioner was not heard. The original papers, were placed for the perusal of this Court. It is discernible that the petitioner has not been heard and only the seller namely Maulikbhai Kantilal Nadpara has filed the reply.
4. In view of the aforesaid facts and circumstances, the order dated 30.07.2018, passed by the learned Secretary, in the opinion of this Court, is in violation of the principles of natural justice. Therefore, only on this limited ground the said order deserves to be quashed and set aside. Accordingly, it is quashed and set aside.
5. The matter, is remitted to the learned Secretary. The revision application no. BKP-SU-JND/1/2018 is restored to its file. The learned Secretary, shall hear the petitioner and pass the order within a period of twelve weeks from today. Needless to say that this Court has not entered into the merits of the matter; leaving it open, all the contentions that may be raised by the petitioner. The petitioner shall cooperate with the hearing before the learned Secretary.
6. The petition stands disposed of with the aforesaid direction. No order as to costs.
(SANGEETA K. VISHEN,J) SINDHU NAIR Page 2 of 2 Downloaded on : Fri Jun 24 21:16:51 IST 2022