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V. Dhandayuthapani vs S.P. Krishnamurthi And Ors. on 23 April, 1986 cites

Patel Narshi Thakershi And Ors. vs Shri Pradyumansinghji Arjunsinghji on 2 March, 1970

In Patel Narshri Thakershi v. Pradyumansingji Arjunsinghji, , the Supreme Court was dealing with a matter of Saurashtra Land Reforms Act. Certain functions of the State Government under S. 63 of the above Act, were delegated to the Commissioner. In certain revenue matters, applications were filed before the State Government to set aside the orders of the Special Mamlatdar and the Deputy Collector and' remanded the cases to Mahalkari to rehear and decide the cases on merits. On remand, the matters were dealt with by Mahalkari, in appeal by the District Deputy Collector and in revision by the Tribunal. The Tribunal rejected the revision application taking the view that it has no jurisdiction to entertain it, as the State Government had earlier considered the matter. The tenints filed a revision petition to the State Government. The State Government sent the revision petition to the Commissioner to hear the parties and submit a report. The Commissioner reported that the orders of the District Deputy Collector should be set aside. After hearing the parties, the Government set aside the orders of the District Deputy Collector. Since in * the meantime the State of Gujarat came to be formed, the Commissioner set aside the order passed by the Saurashtra Government earlier taking the view that the Government had no competence to make the order. This order of the Commissioner was challenged in a writ petition and the High Court took the view that the Commissioner was not right in his conclusion that the State Government should not have passed the earlier order. The High Court also quashed the order of the Tribunal and directed the Tribunal to dispose of the matter in accordance with law. This order of the High Court was challeng9d in the Supreme Court. Observing that the Commissioner was functioning as the delegate of the State Government and that the order passed by the Commissioner amounted to a review of the order made by the Saurashtra Government, the Supreme Court held as follows-
Supreme Court of India Cites 6 - Cited by 565 - K S Hegde - Full Document
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