Deceased Chaturbhai Ghoribhai Patel ... vs State Of Gujarat & on 19 June, 2013
6) Reliance
was also placed upon the decision of this court in the case of State
of Gujarat v. Gordhanbhai Becharbhai Patel & Ors.,
1995
(2) GLH 97, for
the proposition that once an order is appealed, such order cannot be
said to have acquired finality. The court held that in the facts of
the said case,
not only the order passed by the competent authority was a subject
matter of challenge in the appeal, but in fact the order of the
competent authority has been quashed and set aside and, therefore,
all consequential actions, which have been taken in the meantime have
to be reversed and the functionaries under the Act have to abide by
the order passed by the appellate authority and if any authority has
taken steps on the basis of an order, which is subsequently set
aside, those steps deserve to be reversed and the process of reversal
must be followed so as to take the order of the appellate authority
to its logical end. It was submitted that under the circumstances,
once the order of the competent authority stood set aside and no
further proceedings were taken under the ULC Act, the concerned
authorities were required to take all consequential actions and
reverse all actions taken by them pursuant to the order of the
competent authority. It was, accordingly, urged that the petition
deserves to be allowed by granting reliefs prayed for in the
petition.