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Gujarat High Court · body

2019 DIGILAW 733 (GUJ)

Rakshit Natwarlal Patel v. State of Gujarat

2019-07-10

A.J.DESAI

body2019
JUDGMENT : 1. Rule. Mr. Kanua Anatni, learned Assistant Government Pleader waives service of rule on behalf of respondent No.1 and learned advocate Mr. Rushabh R. Shah waives service of rule on behalf of respondent No.2. 2. By way of the present petition under Articles 226 of the Constitution of India, the petitioner has prayed to quash and set aside the order dated 11.4.2018 passed by the learned Additional Secretary, Revenue Department (Appeals) in Revision Application No.MVV/HKP/BCH/90/2017 as well as order dated 11.4.2018 passed by the learned Additional Secretary, Revenue Department (Appeals) in Revision Application No.MVV/HKP/BCH/91/2017 by which the revision applications of the petitioner were dismissed. 3. The only grievance of the petitioner is that the impugned orders have been passed by the Additional Secretary, Revenue Department (Appeals) (hereinafter referred to as ‘SSRD’) without giving an opportunity of hearing to the petitioner. 4. Mr. V.S. Desai appearing as party-in-person on behalf of the petitioner would submit that he is a Power of Attorney of the petitioner – Rakshit Natwarlal Patel. He would submit that on 30.1.2018, he submitted an application before the SSRD requesting the SSRD to keep the hearing of the revision applications at Ahmedabad instead of Bharuch. The said application was submitted by the said Mr. Desai at Ahmedabad where the main office of SSRD is located. He would further submit that the revision applications were heard at Bharuch on 16.2.2018 and, therefore, the petitioner could not remain present at the time of hearing and, therefore, impugned orders have been passed. He would further submit that restoration applications were also filed before the SSRD. However, there is no order passed by the SSRD on the said restoration applications. He, therefore, would submit that there is a breach of principles of natural justice and hence, appropriate orders may be passed. 5. Mr. Rushabh R. Shah, learned advocate appearing for the respondent No.2 has opposed this petition. Learned Assistant Government Pleader appearing for the respondent No.1 has also opposed this petition. 6. I have heard learned advocates appearing for the respective parties and perused the impugned orders. It appears from the record that on 30.1.2018, the petitioner has requested the SSRD to keep the hearing of the revision applications at Ahmedabad instead of Bharuch. However, the matters were taken up for hearing at Bharuch on 16.2.2018 and the impugned orders have been passed recording the absence of the petitioner. It appears from the record that on 30.1.2018, the petitioner has requested the SSRD to keep the hearing of the revision applications at Ahmedabad instead of Bharuch. However, the matters were taken up for hearing at Bharuch on 16.2.2018 and the impugned orders have been passed recording the absence of the petitioner. Even thereafter, restoration applications were filed by the petitioner. However, no orders were passed by the SSRD on the said restoration applications. 7. In view of the above facts, I am of the opinion that there is a clear breach of principles of natural justice and, therefore, the present petition requires consideration. Hence the present petition stands allowed. The impugned orders i.e. order dated 11.4.2018 passed by the learned Additional Secretary, Revenue Department (Appeals) in Revision Application No.MVV/HKP/BCH/90/2017 as well as order dated 11.4.2018 passed by the learned Additional Secretary, Revenue Department (Appeals) in Revision Application No.MVV/HKP/BCH/91/2017 are hereby quashed and set aside. Revision Application Nos.90 of 2017 and 91 of 2017 are hereby revived. The SSRD shall decide the said revision applications in accordance with law and after giving an opportunity of hearing to the petitioner. Rule is made absolute to the above extent. 8. In view of disposal of the main matter, Civil Application would not survive and it is accordingly disposed of.