LAWS(GJH)-2011-8-124

SHANGARBA ALIAS NAVUBA DIPUJI BHARTHAJI Vs. FULIBA PUNJAJI

Decided On August 08, 2011
SHANGARBA @ NAVUBA DIPUJI BHARTHAJI THROUGH POA Appellant
V/S
FULIBA PUNJAJI Respondents

JUDGEMENT

(1.) IN this appeal, the appellants-original petitioners seek to challenge the judgment and order dated 19.07.2010 passed by the learned Single Judge in Special Civil Application No.5509 of 2010 whereby the learned Single Judge rejected the petition substantially on the ground that there was inordinate delay in challenging the orders of the Revenue Authorities as well as preferring Special Civil Application No.5509 of 2010.

(2.) THE facts relevant for the purpose of deciding this appeal can be summarized as under:-

(3.) IT appears that there is no dispute to the fact that tenant Punjaji Ranchhodji Vaghela has expired and his legal heirs are on record. Even the legal heirs of late Punjaji Ranchhodji Vaghela i.e. the tenant did not raise any objection at the relevant point of time and the order of the Mamlatdar and ALT, Gandhinagar dated 26.02.1988 forfeiting the land in question to the State Government and permanently suspending rights of the tenant came to be challenged by the original land owners i.e. the appellants herein after a period of about 10 years. The Revision Application came to be rejected by the Secretary (Appeals), Revenue Department, State of Gujarat vide order dated 22.03.2000 confirming the order passed by the Mamlatdar and ALT, Gandhinagar dated 26.02.1988.