CW – 4852/06 - LRs of Ganesh Lal Vs. District Collector, Udaipur & Ors. : Order dt.28.04.08 1/2 S.B. CIVIL WRIT PETITION NO.4852/2006 LRs of Ganesh Lal Vs. The District Collector, Udaipur & Ors. Date : 28.04.2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Suresh Shrimali ) for the petitioner. Mr. Rajesh Choudhary ) Mr. M.S. Panwar for the respondents. --------- 1. Heard learned counsels. 2. This petition is directed against the impugned order Annex.16 dated 9.1.2006 whereby the learned Collector allowed the revision petition filed by the respondent Sarafat Khan and cancelled the patta granted in faovur of the petitioner. The learned counsel for the petitioner submits that learned Collector has failed to consider the documents produced before him vide Annex.3 application dated 30.10.2001 along with the 3 documents which were produced along with the list of document Annex.4. 3. On the side opposite, learned counsel for the respondents submits that these documents were not produced before the revisional authority. 4. A bare perusal of the impugned order shows that the filing of these documents by the petitioner appears to have escaped the notice of the revisional authority and there is no mention in the impugned order either about these documents filed by the petitioner. CW – 4852/06 - LRs of Ganesh Lal Vs. District Collector, Udaipur & Ors. : Order dt.28.04.08 2/2 The impugned order, therefore, suffers from apparent illegality of non-consideration of relevant material and, therefore, deserves to be set aside. Whatever be the effect of these documents on the case of the petitioner, the learned Revisional Authority ought to have considered the same and given his finding in respect of the said documents. 5. Accordingly, this writ petition is allowed and the impugned order Annex.16 dated 9.1.2006 is set aside and the matter is remitted back to the learned Collector, Udaipur for fresh consideration of the case of the petitioner in accordance with law. No costs. [ DR. VINEET KOTHARI ], J. item No.61 babulal/-