IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 293 of 2025 ========================================================
GARASIYA KALABHAI BHAGABHAI BHAGORA & ORS.
Versus DY. COLLECTOR , DANTA & ORS.
========================================================
Appearance:
MR ABHIJIT RATHOD(12976) for the Petitioner(s) No. 1,2,2.1,3,4,5,6,7,8 MR NIKUNJ KANARA ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1,2 ========================================================
CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 28/01/2025
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 itself was not necessary one may not be able to fault the Deputy Collector for having considered the application since it was filed.
4. In any case to this Court it appears that since there was no time limit prescribed, the application as well as the order passed by the Deputy Collector dated 25.10.2024 would require interference and whereas the matter is required to be remanded back to the Deputy Collector for hearing on merits. It is also pointed out by learned Advocate Mr. Rathod that a notice dated 13.01.2025 has been issued to the petitioners more particularly for implementing order passed by the Mamlatdar, which was subject matter of challenge before the Deputy Collector.
5. Considering the above position, more particularly since it appears that the petitioners did not get any reasonable opportunity before the Deputy Collector, to this Court it would appear that interference at this stage is warranted. Hence issue Notice to the respondents for final disposal returnable on 18.02.2025.
6. By way of ad-interim relief the authorities concerned shall not take any steps for implementing the order passed by the Mamlatdar, Amirgadh dated 12.01.2024 in Mamlatdar Courts Case No. 3 of 2024 till the next date.
7. It is clarified that since this Court has observed that this Court would be inclined to remand the matter back to the Deputy Collector, on the returnable date the private respondents shall ensure appropriate representation on their behalf failing which this Court would pass orders as per the prima facie view taken by this Court.
8. Learned AGP waives service of notice on behalf of respondent-State. Direct service for rest of the respondents is permitted.
AI
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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.