Swati Energy And Projects Private ... vs The District Collector, Kachchh
2023 Latest Caselaw 167 Guj

     C/SCA/24697/2022                               ORDER DATED: 06/01/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 24697 of 2022
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             SWATI ENERGY AND PROJECTS PRIVATE LIMITED
                               Versus
                 THE DISTRICT COLLECTOR, KACHCHH
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Appearance:
MR.D K.PUJ(3836) for the Petitioner(s) No. 1
for the Respondent(s) No. 2
MR RONAK B. RAVAL, AGP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
                  Date : 06/01/2023
                   ORAL ORDER

1. This petition, has been filed under Article 226 of the Constitution of India seeking limited direction for quashing and setting aside the order dated 30.03.2022 passed by the Gujarat Revenue Tribunal (hereinafter referred to as "Tribunal") below application filed by the petitioner for early hearing of the revision application/appeal/AK/5/2012.

2. Mr D. K. Puj, learned advocate submitted that the issue relates back to the year 2010 for, proceedings under section 79A were initiated by issuance of the show cause notice dated 7.8.2010 by the Collector requiring the petitioner to show cause as to why the action shall not be taken for commission of breach of condition no.6. It is submitted that the show cause notice was limited to condition no.6 whereas, the order which is a subject matter of challenge before the Tribunal, had concluded with breach of condition nos.1 to 17. It is submitted that it is the specific case of the petitioner that the order, travels beyond the show cause notice. It is submitted that the similar such orders were passed and challenged before the

C/SCA/24697/2022 ORDER DATED: 06/01/2023

different fora namely the High Court; Tribunal and learned Secretary, Revenue Department (Appeals) also. Majority of the cases have been decided by this Court; one of which is the oral judgment dated 28.12.2012 passed in Special Civil Application No.9757 of 2012. It is therefore urged that the issue, stands covered by the judgment of this Court as well as by the orders passed by the Tribunal in some cases. It is submitted that everything was brought to the notice of the Tribunal that the matter can be decided in line with the said judgment and the orders. However, the application, has been rejected on the ground that the petitioner is unable to point out any sustainable ground for early hearing of the matter. It is submitted that the Chairman of the petitioner company is a senior citizen, aged 72 years. It is therefore urged that ends of justice would meet, if the Tribunal is directed to decide the application at the earliest.

3. Heard Mr D. K. Puj, learned advocate for the petitioner and Mr.Raval, learned Assistant Government Pleader for the State Government.

4. Pertinently, the show cause notice was issued in the year 2010 requiring the petitioner to show cause as to why the action shall not be taken for the breach of condition no.6. The petitioner, appeared which led to the passing of the order dated 21.01.2012 which, is the subject matter of challenge before the Tribunal. Clearly, the issue, is pending since the year 2010 and therefore, it would be in the interest of all the concerned that the Tribunal is directed to decide the application at the earliest.

C/SCA/24697/2022 ORDER DATED: 06/01/2023

5. The Tribunal, under the circumstances, is directed to decide the revision application/appeal/AK/4/2012, at the earliest. 6. Petition is disposed of. No order as to costs.

(A. S. SUPEHIA, J)

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