- (1.)BY way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for an appropriate writ, order or direction, quashing and setting aside the impugned order dated 28. 5. 2009 passed by the Additional Development Commissioner, State of Gujarat, Gandhinagar, passed in Revision Application No. 54 of 2009 passed under Section 57 (3) of the Gujarat Panchayats Act, 1993, by which the revisional authority has allowed the said revision application by quashing and setting aside the order passed by the District Development Officer, Banaskantha at Palanpur dated 23. 4. 2009.
(2.)CONSIDERING the impugned order passed by the revisional authority and considering the last paragraph of the said order, it appears to the Court that the impugned order cannot be sustained and the Additional Development Commissioner has not further entered into the merits of the case and the allegation against the revisionist and therefore the impugned order deserves to be quashed and set aside and the matter is to be remanded to the Additional Development Commissioner for deciding the same afresh.
(3.)LEARNED advocate appearing for the respondents more particularly Shri R. K. Mishra appearing on behalf of respondent No. 4 has stated at the Bar that he does not invite any further reasoned order and the matter may be remanded to the revisional authority for deciding the Revision Application No. 54 of 2009 afresh in accordance with law and on merits. However, he has requested that a suitable direction be issued directing the revisional authority to decide and dispose of the said revision application at the earliest and within the stipulated time and further observe that this Court has not expressed anything on merits and the revisional authority to decide and dispose of the said revision application in accordance with law and on merits considering the submissions made on behalf of the respective parties.