Ashishbhai Jayantibhai Patel vs Special Secretary (Appeals)

Though the notice is served to the respondents No. 2,3,4,5,6 and 7 they have chosen not to appear before this Court.

Learned advocate Mr. H.P.Baxi for the petitioner has submitted that the Special Secretary, Revenue Department has erred in not calling upon the petitioner with regard to the subject matter. The petitioner has placed on record the affidavits filed by the District Collector as well as the Mamlatdar, Lodhika, Rajkot, which were filed in Special Civil Application No. 13763 of 2009.

He has submitted that the Special Secretary, Revenue Department has exercised the suo motu power without issuance of any show cause notice to the petitioner and without giving any opportunity of hearing in the subject matter, with respect to the past litigation on the issue raised in the writ petition.

C/SCA/12716/2017 ORDER He has further submitted that the Special Secretary, Revenue Department has also transgressed the jurisdiction by observing that such lands are not vested into the State Government, under Section 37(2) of the Gujarat Land Revenue Code, 1879.

Per contra, learned Assistant Government Pleader Mr. Jayswal has submitted that the impugned orders are required to be maintained.

I have heard the learned advocates for the respective parties and perused the impugned orders.

The matter requires consideration and hence issue Rule. Learned advocates for the respective respondents waive service of notice of Rule on behalf of their respective respondents.

Meanwhile, ad­interim relief granted in terms of paragraph No. 27(D) vide order dated 20.07.2017 shall continue to operate till the final disposal of the writ petition.

(A. S. SUPEHIA, J) VISHAL MISHRA Page 2 of 2 Downloaded on : Sun Feb 16 20:48:29 IST 2020