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2022 Supreme(Guj) 469

NIRZAR S. DESAI
Keshubhai Virbhanbhai Vala – Appellant
Versus
Special Secretary (Appeals) Revenue Department – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR PERCY KAVINA, MR VIRAL R GURJAR
For the Respondent: MR NIKUNJ KANARA, MR KAMAL TRIVEDI, MR G.H. VIRK, MR MIHIR JOSHI, MR AMAR D MITHANI

JUDGMENT :

1. By way of this petition, the petitioner has challenged the order dated 8.7.2021 passed by the Special Secretary (Appeals), Revenue Department – respondent No.1 in Revision Application No. MVV/JMN/Gir/11/2021.

1.1 The petitioner has also challenged the order dated 30.9.2021 passed by respondent No.1 on an application for speaking to minutes preferred by the respondent No.5.

1.2 The petitioner has further prayed for declaration that the impugned order dated 8.7.2021 is vitiated on the ground of locus of respondent No.5 and has further prayed for quashing and setting aside the order dated 30.9.2021 whereby leave to appeal is granted in favour of respondent No.5. The petitioner has also prayed for declaration that the application preferred by respondent No.1 before respondent No.1 was not maintainable on the grounds of locus, estoppel and on the ground that no procedure is prescribed under the Bombay Land Revenue Code and Rules framed thereunder for preferring application for speaking to minutes.

2. As the main matter being Revision Application No.MVV/JMN/Gir/11/2021 is pending before the respondent No.1, an agreement was arrived at between the parties during the course of he

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