STATE OF GUJARAT Vs. GULABBHAI SHYAMLAL AGRAWAL

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India, petitioner State of Gujarat has prayed for appropriate writ, direction or order quashing and setting aside the impugned judgment and order dated 27.08.2004 passed by Gujarat Revenue Tribunal in Revision Application No.TEN/BS/206/1990, by which the Tribunal has allowed the said Revision Application by quashing and setting aside the order passed by the Deputy Collector (Land Reforms), Surat dated 31.07.1990 passed in Tenancy Revision Case No.134/1990, by which the Deputy Collector in exercise of suo motu revisional powers under Section 76A of the Bombay Tenancy Act quashed and set aside the order passed by the Mamlatdar & ALT, Choryasi dated 24.04.1987 in Tenancy Case No.4/1986 (Remand 5/86) under Section 84C of the Bombay Tenancy Act.

(2.) At the outset, it is required to be noted that the present petition has been preferred after a period of almost six years of passing of the judgment and order by the Gujarat Revenue Tribunal which has been passed in the year 2004. Delay of more than six years has not been explained at all. Even otherwise on merits also, considering the decision of the learned Single Judge of this Court in the case of Thakorbhai Tribhovandas Rao & Ors. V. State of Gujarat & Ors. reported in 1996(1) GLR 636, it cannot be said that the Tribunal has committed any error and/or illegality in allowing the said Revision Application which calls for interference by this Court while exercising powers under Article 227 of the Constitution of India. The controversy raised in the present petition is squarely covered by the decision of the learned Single Judge of this Court in the case of Thakorbhai Tribhovandas Rao (Supra).

(3.) In view of the above and for the reasons stated above, there is no substance in the present which deserves to be dismissed and is, accordingly, dismissed.