GOVINDBHAI PREMCHANDBHAI PATEL THRO POA GIRISHBHAI S PATEL AND ORS Vs. STATE OF GUJARAT THROUGH SECRETARY AND ORS

JUDGEMENT

(1.) IN all these petitions under Article 226 of the Constitution of India, respective Petitioners have prayed for appropriate writ, order or direction directing Respondent No. 2 to forthwith consider and adjudicate the Petitioners' applications dated 06.05.2005, 04.10.2008 and September 2008 respectively submitted under Section 70(o) of the Bombay Tenancy Act.

(2.) IT appears that in view of the proceedings pending before the Division Bench on the aspect with respect to jurisdiction of the authority to decide the application submitted under Section 70(o) of the Bombay Tenancy Act, the authority is not deciding the aforesaid applications submitted by the Petitioners under Section 70(o) of the Bombay Tenancy Act. When the question with respect to jurisdiction of the authority to decide the application under Section 70(o) of the Bombay Tenancy Act is pending before the Division Bench and unless and until the said dispute is resolved, when Respondent No. 2 has kept the applications pending it cannot be said that Respondent No. 2 has committed any error and/or illegality. Jurisdiction to decide the application under Section 70(o) of the Bombay Tenancy Act is a question which goes to the root of the matter and therefore, to avoid any multiplicity of proceedings, when Respondent No. 2 has kept the applications pending, according to this Court, Respondent No. 2 is justified in keeping the applications pending. Therefore, no illegality has been committed by Respondent No. 2 in not deciding the applications under Section 70(o) of the Act.

(3.) AT this stage, Shri Sanjanwala, learned advocate appearing on behalf of the Petitioners has submitted that without prejudice to the rights of the Petitioners to submit appropriate applications afresh, Petitioners are ready and willing to submit appropriate applications for determination of premium payable under Section 43 of the Act and in the meantime shall withdraw the aforesaid applications submitted under Section 70(o) of the Bombay Tenancy Act and if the Petitioners are ready and willing to pay/deposit premium as may be determined by the appropriate authority, in that case, Petitioners shall not submit application afresh under Section 70(o) of the Act. However, if the Petitioners are not agreeable to pay/deposit the premium that may be determined by the appropriate authority, in that case, Petitioners may submit appropriate application afresh under Section 70(o) of the Bombay Tenancy Act, which may be considered in accordance with law and on merits.