- (1.)By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioners have prayed for an appropriate writ, order and/or direction, quashing and setting aside the order dated 8th /9th September,2009 passed by Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No.30 of 2009, in dismissing the said Revision Application on the ground of delay.
(2.)It is required to be noted that being aggrieved and dissatisfied with the order passed by Deputy Collector, Sabarkantha dated 19/09/1992 in Case No.1829 of 1991, the petitioners preferred Revision Application No.30 of 2009 before Secretary (Appeals), Revenue Department, State of Gujarat. As there was delay in preferring the said Revision Application, the petitioners preferred delay condonation application by submitting that neither father of the petitioners nor the petitioners were served with the copy of the order passed by Deputy Collector,Sabarkantha, which was challenged before Secretary (Appeals), Revenue Department, State of Gujarat and it was the specific case on behalf of the petitioners that there was no delay. When they came to know about the order passed by the Deputy Collector from the other sources, they immediately filed Revision Application along with delay condonation application. Without giving any specific finding as to whether copy of the order passed by Deputy Collector was served upon the petitioners or their father or not, the Secretary (Appeals), Revenue Department, State of Gujarat by impugned order dismissed the said Revision Application by not condoning the delay on the ground that the petitioner must have knowledge about the order passed by the Deputy Collector.
(3.)Heard learned advocates appearing on behalf of the respective parties.