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2002 Supreme(Guj) 783

P.B.MAJMUDAR
COLLECTOR – Appellant
Versus
BAVABHAI KARSHANBHAI PATEL – Respondent


Advocates Appeared: D.C.DAVE, SONALBEN VYAS

P. B. MAJMUDAR, J.

( 1 ) THE order passed by the Principal Secretary, Revenue Department (Appeals), State of Gujarat, Ahmedabad, is challenged by the Collector, Rajkot, Deputy Collector, Rajkot, and Mamlatdar, Rajkot, by filing this Special Civil Application. It is surprising as to how the order passed by the Principal Secretary of the State can be challenged by the subordinate Officers, like the Collector, Deputy Collector and Mamlatdar. The Principal Secretary has exercised the powers under the provisions of the Land Revenue Code while entertaining revision application and, virtually, it is the power of the State Government, which is exercised by the Principal Secretary by passing the impugned order. The impugned order is passed in the name of the Governor of Gujarat and, therefore, in my view, such an order cannot be challenged by subordinate revenue officers, like the Collector, the Deputy Collector, or the Mamlatdar, as the case may be. Even on the basis of propriety, it was not open for the Collector to challenge the order of his superior by way of filing this petition. In future, the revenue authority may take proper care in instituting such proceedings, wherein the order pas









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