L H Of Decd. Keshavlal Ujamdas Patel & 2 Other(s) vs State Of Gujarat & 3 Other(s)

A.S. Supehia, J

[1.0] In the present petition, the petitioners have challenged the order dated 13.07.2015 passed by the Special Secretary, Revenue Department, Ahmedabad (for short " the SSRD" in Revision Application No. MVV/JMN/GDN/ 2/2010 and the order dated 27.02.2004 passed in Application No. MVV/JMN/GDN/40/1998 and the order dated 19.01.1998 passed by the Collector, Gandhinagar in RTS Appeal No. 4/1997 and the order passed by the Sub­Divisional Magistrate/Prant Officer in Sharat Bhang Case No. 106/1983.

[2.0] Learned advocate Mr. Maulik Soni appearing for the petitioners has submitted that the authorities below have mis­construed the facts and there is substantial error of law in passing the order. It is further submitted by him that the petitioners were not aware about the proceedings filed by Shri. Kanubhai Ishwarbhai Patel and hence the impugned orders may be set aside. No other submissions are made.

[3.0] Per contra learned Assistant Government Pleader Mr. Rohan Shah for the respondent­State has submitted that the present writ petition is abuse of process of law and the same is required to be rejected with cost. He has pointed out that the order dated 19.01.1998 passed by the Collector, Gandhinagar in RTS Appeal No. 4/1997 was confirmed by exercising the power vide order dated 27.02.2004 in Revision Application No. MVV/JMN/GDN/40/1998 and despite the aforesaid order, the petitioners have again chosen to challenge the aforesaid order before the SSRD. He has submitted that while recording the aforesaid aspect, the SSRD by the order dated 13.07.2015 has rightly rejected the application. It is further submitted that the aforesaid order is also challenged, after the period of three (03) years, by filing the captioned writ petition.

[4.0] This Court has perused the documents and the orders produced on record. The petitioners have tried to misuse the process of law by challenging the same order twice i.e. the order dated 19.01.1998 in RTS Appeal No. 4 of 1997. One Shri Kanubhai Ishwarbhai Patel challenged the aforesaid order of Collector, Gandhinagar in RTS Appeal No. 4 of 1997 and the same was further challenged before the SSRD in filing revision application and the revision application was also rejected by the order dated 27.02.2004 by the SSRD. Thus, by the order dated 27.02.2004, the earlier orders, which were passed by the Prant Officer, Gandhinagar dated 24.08.1991 as well as the order passed by the Collector, Gandhinagar dated 19.01.1998 had became final. Despite that, the present petitioners knowing the aforesaid facts about the proceedings filed by one Shri Kanubhai Ishwarbhai Patel, filed the revision application under Section 79 of the Gujarat Land Revenue Code, 1879 (for short "GLRC") against the order dated 19.01.1998. By the order dated 13.07.2015, while recording the aforesaid findings and the earlier litigations, the application filed by the present petitioners was rejected. The said order is challenged after a period of three (03) years by filing the captioned writ petition. Thus, this is the clear case of abuse of the process of law. Hence, the present writ petition deserves to be dismissed with exemplary costs. However, looking to the status of the present petitioners, the same is not imposed, the writ petition is rejected. Rule is discharged.