Odhavji Haribhai Jasoliya Dhedhi vs State Of Gujarat
2023 Latest Caselaw 5004 Guj

     C/SCA/7691/2023                              ORDER DATED: 28/06/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 7691 of 2023

================================================================
                       ODHAVJI HARIBHAI JASOLIYA DHEDHI
                                    Versus
                              STATE OF GUJARAT
================================================================
Appearance:
MR HITESH N ACHARYA(2302) for the Petitioner(s) No.
1,2,3,4,5,6,7,8,9,10,11
for the Respondent(s) No. 2,3,4
MR JAYNEEL PARIKH AGP for the Respondent(s) No. 1
================================================================
 CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
                  Date : 28/06/2023
                   ORAL ORDER

Mr. Hitesh Acharya, learned advocate for the petitioners,

submits that by the impugned order, certain dates have been

reproduced as per the Rojnama, which shows that the said dates

of hearing where during the Corona period and therefore, the

advocate for the petitioners could not remain present. It is

further submitted that the matter before the learned Gujarat

Revenue Tribunal ["Tribunal" for short] has been dismissed for

default of the advocate for the petitioners. It is, therefore,

submitted that the matter may be restored and the petitioners

may be permitted to prosecute their revision application before

the learned Tribunal.

2. Learned AGP Mr. Jayneel Parikh for the respondent No.1 -

C/SCA/7691/2023 ORDER DATED: 28/06/2023

State submits that he has no objection if the matter is heard and

disposed of by directing the petitioners to remain present and

finally argue the matter in view of the conduct of the parties/its

advocate.

3. In view of the aforesaid submissions, present Special Civil

Application is allowed. The impugned judgment and order dated

14.11.2022 is set aside. The Revision Application

No.BS/44/2008 is restored to the file of the learned Tribunal.

The Tribunal shall direct the matter to be listed for final disposal

on the date convenient. On the said date, the petitioners are

directed to make necessary arrangement for final hearing and

disposal of the revision application, failing which no further

opportunity shall be granted by the learned Tribunal.

With aforesaid direction, present Special Civil Application

stands disposed of. No order as to costs.

Direct Service is permitted.

(ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN