SCA/9803/2007 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 9803 of 2007 For Approval and Signature: HON'BLE SMT. JUSTICE ABHILASHA KUMARI ===================================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ===================================================== MEWASA (BAWA) GRAM PANCHAYAT - Petitioner(s) Versus VALLABHBHAI VIRABHAI MAKWANA & 4 - Respondent(s) ===================================================== Appearance : MR AMAR D MITHANI for Petitioner(s) : 1, MR SV PARMAR for Respondent(s) : 1 - 3. Ms.Mini M.Nair,learned Assistant Government Pleader for Respondents Nos.4 and 5 ===================================================== CORAM : HON'BLE SMT. JUSTICE ABHILASHA KUMARI Date : 08/01/2008 ORAL JUDGMENT SCA/9803/2007 2/4 JUDGMENT 1. The petitioner is the Mewasa (Bawa) Gram Panchayat, who has filed the present writ petition with several prayers. The main grievance of the petitioner is that the application for being impleaded as party respondent in Revision Application No.39 of 2006, pending before the Special Secretary, (Appeals), Revenue Department has been rejected vide order dated 24-5-2007, which is impugned in the present petition. 2. I have heard Mr.Amar D.Mithani,learned counsel for the petitioner, Mr.S.V.Parmar,learned counsel for the respondents Nos.1,2 and 3 and Ms.Mini M.Nair,learned Assistant Government Pleader for the respondents Nos.4 and 5. Mr.Amar D.Mithani,learned counsel for the petitioner-Panchayat submits that since the land in question is ear-marked as Gaucher land, the petitioner is a necessary party before the revisional authority. Mr.S.V.Parmar, learned counsel for the respondents Nos.1 to 3 has fairly stated that he has no objection if the petitioner is directed to be impleaded as a party respondent in the revision application, and an opportunity of hearing is provided to him before the Special Secretary, SCA/9803/2007 3/4 JUDGMENT (Appeals),Revenue Department. 3. In the light of the fair stand taken by Mr.S.V.Parmar,learned counsel for the respondents Nos.1 to 3,this Court is not going into the merits of the case, since the matter is under adjudication of the revisional authority. 4. In the circumstances and in the light of the statement made by Mr.S.V.Parmar the only order that is required to be passed is that the petitioner i.e. Mewasa (Bawa) Gram Panchayat be joined as a party respondent in the Revision Application No.39 of 2006, which is pending before the Special Secretary, (Appeals)Revenue Department. To the aforesaid extent, the order dated 24-5-2007 is set aside. The revisional authority may hear the parties, including the petitioner and pass an order on the revision application on merits, in accordance with law, as expeditiously as possible and preferably not later than 31-3-2008. Rule is made absolute to the aforesaid extent. There shall be no orders as to costs. It is made clear that this court is not expressing any opinion upon the merits of the case or SCA/9803/2007 4/4 JUDGMENT the merits of the order dated 24-5-2007. (Smt.Abhilasha Kumari,J) arg