Samasta Rupala Parivar Sarvajanik Trust v. Mithabhai Tribhovandas Patel
2009-02-02
RAVI R.TRIPATHI
body2009
DigiLaw.ai
JUDGMENT : Ravi R. Tripathi, J. Rule. 2. The present application is filed by Samasta Rupala Parivar Sarvajanik Trust,-a public charitable trust duly registered bearing its registration No.A/2568/Mahesana through its trustee Mr. Natwarlal Venidas praying that- "9(B) This Honourable Court Would Be Pleased TO allow present petition by issuing a writ of certiorari or any other appropriate writ, order or direction in the nature of certiorari or any other appropriate writ, order or direction, quashing and setting aside the order passed by the Gujarat Revenue Tribunal in Appeal TEN.AA.16/2003 dated 14/8/2007 at Annexure "A" to the petition, in the interest of justice. 3. Learned advocate Mr. Martin appearing with Mr. M.F. Pathan, learned advocate for the petitioner submitted that the main grievance of the petitioner,-trust is that the Tribunal did not accord an opportunity of hearing while hearing Appeal No.TEN.AA.16/2003 and passed impugned order dated 14/8/2007. He submitted that on this ground along, the impugned judgment and order is required to be quashed and set aside. 4. The learned advocate for the petitioner submitted that it is a settled legal position of law that principles of natural justice should be followed. For compliance of the same, an opportunity of hearing ought to have been given to the petitioner,-trust before deciding the appeal. 5. Mr. D.C. Sejpal, learned advocate for respondent No.1,-main contesting party, submitted that there were two appeals before the Tribunal on the same day and in another appeal the same advocate appeared for the petitioner, and, therefore, it cannot be said that the petitioner did not have the knowledge about the appeal No. Appeal TEN.AA.16/2003 being on board and therefore, this plea is not worth accepting. He submitted that therefore, judgment and order of the Tribunal does not require any interference at the hands of this Court. 6. Taking into consideration the rival submissions of the parties and taking into consideration the fact that Gujarat Revenue Tribunal has not taken into consideration any objections on behalf of the petitioner and has wrongly recorded that the petitioner was present at the time of hearing of appeal in question, it is deemed fit that the judgment and order passed by the Gujarat Revenue Tribunal in Appeal No. TEN.AA.16/2003 be quashed and set aside. Order accordingly. 7. At the request of Mr.
Order accordingly. 7. At the request of Mr. Sejpal, learned advocate for respondent No.1, it is directed that the Gujarat Revenue Tribunal shall give priority to the hearing of appeal No. TEN.AA.16/2003 and decide the same in a time frame. 8. Both the learned advocates are present and have no objection if the Gujarat Revenue Tribunal is asked to have the appeal fixed on 24th February, 2009. The parties shall appear before the Hon'ble Tribunal and the Hon'ble Tribunal shall thereafter fix its schedule for hearing. Due priority be given to the appeal so as to decide the same as expeditiously as possible preferably within three months from the first date of hearing i.e. 24th February, 2009. 9. With the above observations and directions, this petition is allowed to the aforesaid extent. Rule is made absolute. 10. The amount which was ordered to be deposited by the petitioner be now refunded to the petitioner as expeditiously as possible but not later than 11th February, 2009.