IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 8727 OF 2007 WRIT PETITION NO. 8727 OF 2007 WRIT PETITION NO. 8727 OF 2007 Shri Rajendra Harishchandra Kalbhor. ... Petitioner. V/s. Shri Deelip Madhukar Kalbhor and others. ... Respondents. Sandeep Salunkhe for the petitioner. Prathamesh Bhargude for respondent Nos.1 to 5. A.B.Tajane and R.B.Jagtap for respondent Nos.6 & 7. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 2nd September 2008. DATED: 2nd September 2008. DATED: 2nd September 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This petition is directed against the order dated 28th September, 2006 passed by the Principal Secretary and Officer on Special Duty (Appeals), Revenue and Forests Department in Revision No.CON-4104/494/06/A & R whereby review application filed by the present petitioner was rejected. The operative part of the impugned order reads as under: "4. With the foregoing observations the Review application of Shri Rajendra Harishchandra Kalbhor is rejected. Advocate Shri Rajendra Tambe has been informed accordingly. The case is herewith closed and the papers are filed." 3. The learned counsel appearing for the petitioner submits that the impugned order is passed behind his back. He was not even made party to the said revision and, therefore, the order is clearly in breach of the principles of natural justice. 4. The learned counsel appearing for respondent Nos.6 and 7 has supported the contentions raised by the petitioner. 5. The learned counsel, appearing for respondent Nos.1 to 5, has strongly opposed this petition contending that if the petition is allowed it would result in restoring the order which is illegal, i.e., the order dated 31st January, 1995. He, thus, submits that this is not a fit case wherein this Court should interfere with the impugned order. He relied upon the Apex Court judgment in the case of Venkateshwara Rao Venkateshwara Rao Venkateshwara Rao v. Govt. of Andhra Pradesh v. Govt. of Andhra Pradesh v. Govt. of Andhra Pradesh, AIR 1966 SC 828 6. In rejoinder, learned counsel appearing for the petitioner pointed out that the order dated 31st January, 1995 is passed by the Deputy Director of Land Records to whom the powers of the consolidation - 3 - officer are given, which is clear from the contents of the order itself. 7. On being asked, learned counsel for respondent Nos.1 to 5 could not take his submission to the logical end to demonstrate that the order is without jurisdiction or the order is bad ab initio and illegal. 8. Learned counsel for respondent Nos.1 to 5 further tried to support the impugned order on merits. As matter of fact, the submission on merits made by him is also misplaced without joining the petitioner as party respondent to the revision. No revision could have been entertained by the State Government muchless no order affecting the interest of the petitioner could have been passed in favour of respondent Nos.1 to 5, that too, in absence of the petitioner. There may be error in exercising jurisdiction, but that by itself cannot be said to have resulted in granting illegal order. It is, thus, clear that the impugned order is clearly in breach of principles of natural justice and is bad ab initio void. It cannot stand to the scrutiny of law. 9. In the result, impugned order is set aside. Revision is restored to the file of the Principal - 4 - Secretary and Officer on Special Duty (Appeals), Revenue and Forests Department with direction to direct the revisional applicant to join the present petitioner as party respondent. After joining the petitioner as party respondent, it would be open for the said authority to decide the revision on its own merits in accordance with law. All rival contentions are kept open. 10. Rule is made absolute in terms of this order with no order as to costs. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)