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HIGH COURT OF GUJARAT
NSK
GARASIYA KALABHAI BHAGABHAI BHAGORA – Appellant
Versus
DY. COLLECTOR DANTA – Respondent
ORDER :
1. Heard learned Advocate Mr. Abhijit Rathod on behalf of the petitioners and learned Assistant Government Pleader Mr. Nikunj Kanara on behalf of respondent- State.
2. By way of this petition, the petitioners inter alia challenge order passed by the Deputy Collector, Danta dated 25.10.2024 under an application for condonation of delay in Revision Application No. 4 of 2024 as well as order passed by the Mamlatdar, Amirgadh dated 12.01.2024, in Mamlatdar Court Case No. 3 of 2023.
3. Considering the submission made by learned Advocate Mr. Rathod, while it would appear that the petitioners may have a reasonable cause for approaching the Deputy Collector slightly belatedly, yet, what would be more pertinent to note is that the enactment i.e the Mamlatdar Courts Act does not prescribe any specific time limit for a person aggrieved by the order of the Mamlatdar to prefer a revision application before the Deputy Collector. Again it would appear that the application for condonation of delay was preferred by the petitioners themselves and whereas the Deputy Collector has rejected the said application, coming to a conclusion that there may not be sufficient cause. While the application i
The absence of a prescribed time limit for filing revision applications under the Mamlatdar Courts Act necessitates judicial intervention when a party has a reasonable cause for delay.
The importance of reasoned orders and the requirement for the Deputy Collector to consider submissions from both parties in the revision application process.
The court upheld the principle of natural justice, ruling that orders made without affording parties an opportunity to be heard are invalid.
The court allowed the petitioners to withdraw their petition, reserving the right to challenge the Collector's order while extending interim relief until 28.02.2025.
The necessity of compliance with procedural norms in remand for fresh hearings regarding evidence collection in land access disputes.
The Mamlatdar has the power to issue permanent injunction under section 5(2) of the Mamlatdar Courts Act to prevent future obstructions.
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