Ladhubha Godabha Chudasma vs Gujarat Revenue Tribunal

[1.0] Rule. Learned Assistant Government Pleader Mr. Rohan Shah waives service of notice of Rule on behalf of the respondents-State. With the consent of the learned advocates for the respective parties, the matter is Page 1 of 3 Downloaded on : Sun Feb 16 20:49:40 IST 2020 C/SCA/18940/2018 JUDGMENT taken up for final hearing.

[2.0] In the present petition, the petitioner has challenged the order dated 29.08.2018 passed by the respondent no. 1 i.e. Gujarat Revenue Tribunal in Revision Application No. AA/444/18 as well as the consequential order. The short issue, which is canvassed by the learned advocate for the petitioner in the present writ petition is that the respondent no. 2 has without condoning the delay for the period of 7 years has passed the impugned order. He has invited the attention of this Court to the application filed in the Revision Application No. AA/444/18 by the District Collector, seeking condonation of delay. It is submitted that without deciding the delay, the Tribunal has passed the impugned order.

[3.0] The learned Assistant Government Pleader Mr. Rohan Shah is unable to dispute that there is no order passed by the Tribunal on the delay application filed by the appellant-District Collector, Ahmedabad in the Revision Application No. AA/444/18.

[4.0] This Court has perused the impugned order as well as the application for delay filed by the appellant in the aforenoted Revision Application. From the contents of the application for seeking condonation of delay, it is revealed more particularly, in paragraph no. 2 that there is a delay of 7 years and hence it is specifically prayed that such delay may be condoned. This Court has perused the impugned order dated 29.08.2018. A perusal of the same reveals that without deciding the issue of delay raised in the application for condonation of delay, the Tribunal has passed the interim order of maintaining the status-quo. The Tribunal was required to first decide the issue whether the delay was required to be condoned or not and after deciding the same the order of status quo should have been passed. In view of the aforesaid undisputed fact, the impugned order dated 29.08.2018 is required to be quashed and set aside. The matter is remanded to the respondent Tribunal to first decide the application for Page 2 of 3 Downloaded on : Sun Feb 16 20:49:40 IST 2020 C/SCA/18940/2018 JUDGMENT delay filed before the District Collector in Revision Application No. AA/444/18. It is further directed that the application seeking condonation of delay of 7 years shall be decided within the period of 4 weeks from the date of receipt of the writ of this Court. It is further clarified that this Court has only dealt with the aforesaid contention raised by learned advocate Mr. Majmudar and all other contentions, which are raised in the writ petition are left open. Rule made absolute.

Sd/-

(A. S. SUPEHIA, J) VISHAL MISHRA Page 3 of 3 Downloaded on : Sun Feb 16 20:49:40 IST 2020