BABUBHAI BHIMABHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Articles 226 and 227 of the Constitution of India, petitioners herein have prayed for appropriate writ, direction or order quashing and setting aside the impugned order dated 26/27.10.2009 passed by the Secretary (Appeals), Revenue Department, State of Gujarat in Revision Application No.31/2007, by which the Revisional Authority has allowed the Revision Application preferred by the respondent No.5 herein by quashing and setting aside that portion of the order dated 03.05.2007 passed by the Collector, Surat in R.T.S. Appeal No.64/2005, by which in an R.T.S. Proceedings, the Collector directed the Mamlatdar & A.L.T., Bardoli to initiate proceedings under Section 32(G) of the Bombay Tenancy Act.

(2.) Having heard Shri Pardiwala, learned advocate appearing on behalf of the petitioners and considering the order passed by the Collector, Surat dated 03.05.2007 in R.T.S. Appeal No.64/2005 as well as the impugned order passed by the Revisional Authority, it appears that the Revisional Authority has rightly quashed and set aside that portion of the order passed by the Collector, Surat by which in an R.T.S. Proceedings, Collector, Surat directed the Mamlatdar & A.L.T., Bardoli to initiate proceedings under Section 32(G) of the Bombay Tenancy Act and no illegality has been committed by the Revisional Authority in quashing and setting aside the aforesaid order passed by the Collector, Surat. If the petitioners claim that they have got any right under the Bombay Tenanct Act and/or they are claiming tenancy rights under the Bombay Tenancy Act, it will be open for the respective petitioners to initiate independent proceedings under the provisions of the Bombay Tenancy Act and the same shall be considered in accordance with law and on merits and neither the impugned order passed by the Secretary (Appeals), Revenue Department, State of Gujarat nor the present order shall come in the way of the petitioners and as and when such proceedings are initiated, the same are required to be considered in accordance with law and on merits. However, so far as present petition is concerned, as stated hereinabove, no illegality has been committed by the Revisional Authority in quashing and setting aside that portion of the order dated 03.05.2007 passed by the Collector, Surat in R.T.S. Appeal No.64/2005, by which in an R.T.S. Proceedings, the Collector directed the Mamlatdar & A.L.T., Bardoli to initiate proceedings under Section 32(G) of the Bombay Tenancy Act.

(3.) With this, present Special Civil Application is dismissed with above liberty, if any, in favour of of the petitioners.