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2000 Supreme(Guj) 95

R.K.ABICHANDANI
JESHANKER P. MEHTA – Appellant
Versus
ADDITIONAL SPECIAL SECRETARY – Respondent


Advocates Appeared: A.J.PATEL, D.PANDEY, H.M.PATEL, P.G.DESAI, P.K.JANIKIRAN

R. K. ABICHANDANI, J.

( 1 ) THE grievance of the petitioners is that the revisional authority under Rule 108 (5) of the Gujarat Land Revenue Rules, 1972 has, by making the impugned order dated 2. 7. 1988 relegating the petitioner to appellate remedy, refused to exercise jurisdiction vested in it by law.

( 2 ) ACCORDING to the petitioners, the dispute pertains to the record of rights in respect of agricultural land on the outskirts of village Bhaili of District Baroda. The Revenue authority had certified entry No. 6087 on 14. 5. 1980. The respondent No. 2 filed an appeal being RTS Appeal No. 46 of 1987 before the Assistant Collector, Baroda, who allowed the appeal on 21st March, 1988. That order was communicated on 26. 3. 1988. After obtaining a copy of that order on 15. 4. 1988, a revision application was filed by the petitioners before the respondent No. 1, who is the Commissioner empowered to exercise the revisional powers under Rule 108 (6) of the Rules. By the impugned communication dated 2. 7. 1988, the papers of the Revision Application were returned to the petitioner and he was informed that since an appeal could be filed against the order of the Assistant Collector before th





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