1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.7292 OF 2008. Gahininath S/o Ramchandra Khedkar ... Petitioner. Versus The State of Maharashtra and others. ... Respondents. ... Mr.R.T.Nagargoje, advocate for the petitioner. Mr.D.R.Kale, A.G.P. for Respondent Nos.1 to 3. Mr.B.R.Kedar, advocate for the Respondent Nos.4A and 4C. ... CORAM : V.R.KINGAONKAR,J. Date : 13.01.2010. PER COURT 1. Rule, Rule made returnable forthwith and heard finally. 2. The petitioner had filed application for rectification of the Consolidation record pertaining to land Gat No.70 situated at village 2 Sawargaon (Chakla) under Shirur Tahsil (Dist. Beed). According to him, original land S.No.3 was converted into land Gat No.17. He is owner and possessor of the said land admeasuring 12 gunthas (12 Ares). He asserted that during proceedings of the Consolidation, name of deceased Respondent No.4 was incorrectly shown instead of his name. The Superintendent of Land Records (Beed) conducted inquiry. 3. The Superintendent of Land Records directed that name of deceased Respondent No.4 Kushan shall be recorded in respect of land Gat No.17, admeasuring 12 Ares. This order was challenged by the petitioner by way of appeal. The Deputy Director of Land Records remanded the matter for afresh inquiry and directed that the same shall be decided on its own merits. Thereafter afresh inquiry was made and the Superintendent of Land Records rejected claim put forth by the petitioner. The petitioner again approached the Deputy Director of Land Records, Aurangabad by filing an appeal. The authorities came to the conclusion that the petitioner had no 3 concern with the land Gat No.17 and therefore, his name could not be entered in the said record. The appeal was, therefore, dismissed by order dated 28.2.2006. Aggrieved by the said order, he preferred Revision Application as contemplated U/s 35 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947. 4. The petitioner alleges that he received communication dated 11.7.2008 (Exh.I) informing him that the Revision Application was dismissed. The petitioner was not heard before rejection of his Revision Application. The communication shows that the Additional Secretary of Revenue and Forest Department informed the petitioner under direction of the competent authority that the Revision Application was rejected as there was no propriety in admitting the same. 5. It is true that the power of the State Government or the Commissioner on whom such power is bestowed by any general or special order, has discretion to call for the record and satisfy himself as to whether the impugned order is legal 4 and proper. There can not be two opinion that the Revisional jurisdiction gives discretion to the competent authority as regards the process to formulate opinion in respect of the legality or propriety of order under Revision. The purpose to call for record is to satisfy itself about correctness and propriety of the order under Revision. Needless to say, the decision must be arrived at after consideration of the record and by passing a speaking order. In the present case, the petitioner was not heard before rejecting the Revision Application. It also appears that no speaking order is rendered by the competent authority. In this view of the matter, it will have to be said that the competent authority did not follow the Rules of natural justice. The impugned order suffers from arbitrariness and as such is unsustainable. 6. Considering the foregoing discussion, on ground of non-observance of the principles of natural justice, the impugned order will have to be interfered with. Hence, the petition is allowed. The impugned communication dated 5 11.7.2008 is quashed. The competent authority shall restore the Revision Application and take further decision on merits thereof after hearing the parties. The Revision Application be decided expeditiously and as far as possible within a period of six (6) months. No costs. Rule made absolute accordingly. (V.R.KINGAONKAR,J.) asp/office/wp729208