JUDGMENT :

1. The present petition has been filed under Article 226 of the Constitution of India, inter alia praying for quashing and setting aside the order dated 14th December, 2004 passed by the Secretary, Sabarkantha District Panchayat & District Development Office, Sabarkantha District Panchayat, Himmatnagar as well as the order dated 25th January, 2006 passed by the Principal Secretary (Appeals), Revenue Department. By the order dated 25th January, 2006, the Principal Secretary (Appeals), Revenue Department, has rejected the revision application filed by the petitioner challenging the order dated 14th December, 2004. By the said order dated 14th December, 2004, the Secretary, Sabarkantha District Panchayat & District Development Officer, has while regularising the brickkiln of the petitioner, imposed 20 times assessment as a penalty.

2. Tersely stated are the facts:-

2.1 The petitioner is the owner of the land bearing Survey Numbers 74/1, 74/2, 74/3 and 74/1/2 at Village Vadiyavir, Taluka: Idar, District Himmatnagar. The petitioner was desirous of putting up construction of the house in one of the survey numbers and thus, for the said purpose, needed soil for manufacturing of th