MODERN PETROCHEMICALS Vs. STATE OF GUJARAT & 4
LAWS(GJH)-2016-10-23
HIGH COURT OF GUJARAT
Decided on October 04,2016

Modern Petrochemicals Appellant
VERSUS
State Of Gujarat And 4 Respondents

JUDGEMENT

- (1.) The petitioner Company, by way of present petition, has challenged the order dated 01.02.2011 passed by the Special Secretary, Revenue Department (Appeals), Ahmedabad (Annexure 'G') in Revision Application No. 53 of 2002, and the order dated 03.12.2002 passed by the Collector, Bharuch (Annexure 'E') in Revision Application No. 4 of 2002.
(2.) After hearing learned counsels for the parties, it appears that the Collector had initiated the proceedings under Section 108(6) of the Gujarat Land Revenue Rules by issuing the show cause notice dated 14.03.2002, and thereafter passed the impugned order dated 03.12.2002 (Annexure 'E'). From the said order dated 03.12.2002 passed by the Collector, it appears that though the notices were issued to all the respondents in the Revision Application No. 04 of 2002, the notice issued to the petitioner, who was the respondent No. 5 in the said Revision Application, had returned unserved, and therefore, the present petitioner had no opportunity to file the reply or the material in support of its defence. Though the petitioner had challenged the said order before the S.S.R.D., the S.S.R.D. had confirmed the said order of Collector without practically assigning any reason. The impugned order dated 01.02.2011 passed by the S.S.R.D. being non-speaking order, and the impugned order dated 03.12.2002 passed by the Collector being in violation of the principles of natural justice, both the orders deserve to be quashed and set aside, and are hereby quashed and set aside without entering into merits of the case.
(3.) In that view of the matter, the case is remanded to the Collector, Bharuch for deciding the Revision Application being No.4 of 2002 afresh after giving reasonable opportunity of hearing to the present petitioner to file the reply and necessary documents. The Collector shall decide the said Revision Application as expeditiously as possible and in accordance with law. The petitioner is directed to remain present before the Collector on 17.10.2016, and the Collector shall thereafter fix the date for the further proceedings.;


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