- (1.) THE present Special Civil Application under Articles 226 and 227 of the Constitution of India has been preferred by the petitioner claiming to be the heir and legal representative of the original revisionists-Jiva Shamla (deceased) challenging the impugned order passed by the learned revisional authority-Secretary (Appeals), Revenue Department, State of Gujarat, Ahmedabad dated 07-03-2001/22-03-2001 in Revision Application/SRD/41/1997 by which the learned revisional authority has dismissed the said Revision Application confirming the order passed by the Collector, Junagadh dated 27/02/1996 in so far as directing to forfeit the land in question.
(2.) NUMBER of submissions have been made on merits by the learned advocates appearing on behalf of the respective parties. However, for the reasons stated hereinafter and as the impugned order passed by the revisional authority is against the dead person, this Court proposes to remand the matter to the revisional authority to decide the said Revision Application afresh after hearing the petitioner, being the heir of the original revisionists and, therefore, this Court is not considering and/or dealing with the submissions on merits. It is not in dispute that the Revision Application was filed by the original revisionists-son of the original lessee challenging the order passed by the Collector dated 27/02/1996 directing to forfeit the land, which was given on lease to his father on the ground that the purpose for which the land was granted on lease the same is frustrated since last eight years and the same was not used for the purpose for which the lease was granted. It appears that after filing of the Revision Application before the Secretary (Appeals), Revenue Department, State of Gujarat original revisionist-Jiva Shamla expired on 05/03/1997. It appears from the impugned order that the learned advocate appearing on behalf of the original revisionist-Jiva Shamla submitted before the revisional authority that he is not getting instruction from the revisionists and, therefore, he has no further instruction in the matter and he is retiring from the matter and, therefore, he did not make any submission before the revisional authority. It appears that as the original revisionists-Jiva Shamla expired, there was no further representation by him on his behalf. It is also not in dispute that the impugned is passed by the revisional authority on dated 07-03-2001/22-03-2001 i.e much after the original revisionists had died and, therefore, as such, the impugned order passed by the learned revisional authority is against a dead person and, therefore, the same deserves to be quashed and set aside and the matter is required to be remanded to the revisional authority to decide the said Revision Application afresh after giving an opportunity to the petitioner, who claims to be the heir and legal representative of the original revisionists-Jiva Shamla. It is to be noted that as only the petitioner has preferred the present petition claiming to be the heir of the original revisionists-Jiva Shamla, no other heirs have made any grievance and, therefore, only the petitioner is required to be heard as heir and legal representative of the original revisionists-Jiva Shamla.
(3.) IN view of the above and for the reasons stated hereinabove and without further entering into the merits of the case and/or expressing anything on merits and solely on the ground that the impugned judgment and order passed by the revisional authority is against the dead person, the impugned order passed by the learned revisional authority-Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application/SRD/41/1997 dated 07-03-2001/22-03-2001 is hereby quashed and set aside and the matter is remanded to the Secretary (Appeals), Revenue Department, State of Gujarat to decide and dispose of the said Revision Application afresh in accordance with law and on its own merits after giving an opportunity to the petitioner. As agreed, the petitioner to make a formal application before the Secretary (Appeals), Revenue Department, State of Gujarat permitting him to be brought on record as heir and legal representative of the original revisionists within a period of four weeks from today and the same shall be granted by the revisional authority and as such the petitioner shall appear before the Secretary (Appeals), Revenue Department, State of Gujarat alongwith the present order on 04/02/2013 and no formal notice and/or intimation shall be issued to the petitioner to appear before the Secretary (Appeals), Revenue Department, State of Gujarat on 11/02/2013. On the very day i.e. on 11/02/2013 and/or on the day on which further hearing is fixed by the revisional authority, the petitioner and/or his advocate shall conclude the hearing and thereafter the revisional authority to decide and dispose of the said Revision Application at the earliest, in any case, within a period of two months from the date of the present order.;