ACHARYASHRI NARENDRAPRASADJI MAHARAJ ANANDPRASADJI Vs. MAKNIBEN

JUDGEMENT

(1.) HEARD learned advocate Mr. J.M. Patel for the petitioner. 1.1. Petitioner, Vadodara Swaminarayan Mandir Gavshala Trust, by its Trustees, is before this Court challenging the order passed by the Gujarat Revenue Tribunal at Annexure-'C' in Revision Application No.1165 of 1979.

(2.) THE facts of the present case are that, qua Bai Dhuliben widow of Parbatbhai Padhiar, Suo Motu Case No.2946 of 1977 came up for consideration and after considering all the relevant aspects, the same resulted into dismissal by judgment and order dated 18.11.1978. 2.1. Against that, Tenancy Appeal No.20 of 1979 was filed, which too came to be dismissed by judgment and order dated 29.9.1979. Against that, Revision Application No.TEN.B.A. 1165 of 1979 came up for consideration before the Gujarat Revenue Tribunal and the Tribunal by its judgment and order dated 23.7.1981 quashed the impugned order and remanded the matter to the Mamlatdar to hold fresh inquiry. This order was challenged by filing the present petition, being Special Civil Application No.4488 of 1984. During the pendency of the petition, the respondent died. THE present petitioner filed Misc. Civil Application No.1643 of 1996, praying for quashing and setting aside the abatement. That Misc. Civil Application came to be dismissed by the learned Single Judge by judgment and order dated 24.10.1997. Against that judgment and order of the learned Single Judge, Letters Patent Appeal No.1624 of 1997 was filed, which came to be allowed by judgment and order dated 28.3.2000.

(3.) IN view of the above, the present petition is allowed. The order passed by the Gujarat Revenue Tribunal is hereby quashed and set aside. Rule is made absolute with no order as to costs.