RANGUBEN CHHAGANLAL PATEL Vs. CHANDUBHAI RAMBHAI PATEL

JUDGEMENT

(1.) THE present appeal arises against the order dated 04.08.2005 passed by the learned Single Judge of this Court in Special Civil Application (for the sake of convenience, the parties shall be referred to as per their status in Special Civil Application), whereby the matter is remanded to the Mamlatar for fresh consideration.

(2.) THE relevant facts are that the proceedings before the Mamlatdar & ALT under the Bombay Tenancy & Agricultural Lands Act (?the Act? for short) were initiated in respect of land bearing Block No.987 of village Tankal, Taluka Chikhli. It appears that there were various litigations, viz., of preferring appeal and thereafter, ultimately the matters were remanded to the Mamlatdar. THEreafter, the Mamlatdar on 31.07.2000, passed the order whereby the claim of the original petitioner before the Mamlatdar for tenancy rights was not accepted and the application was rejected. THE original petitioner carried the matter in appeal before the Deputy Collector as well as before the Revenue Tribunal and failed. THE original petitioner preferred petition before this Court challenging the orders of the lower authorities. THE learned Single Judge found that the Mamlatdar did not pass any order below application for production of 44 documents dated 25.10.1999 and therefore, there was material irregularity in exercising the power and the matter has been remanded to the Mamlatdar. Under these circumstances, the present appeal before us.

(3.) IF the order of the learned Single Judge is considered in light of the aforesaid, it appears that the learned Single Judge has remanded the matter on the ground that the Mamlatdar ought to have passed the order below the said application submitted on 25.10.1999 for production of important documents. The Mamlatdar having not passed the said order, the learned Single Judge has found that great injustice and prejudice is caused to the original petitioner.