RAJENDRA NATWARLAL PATEL Vs. KAMLESHBHAI AMBALAL CONTRACTOR

JUDGEMENT

(1.) IN this Appeal, the appellant original respondent no.6 (newly added) seeks to challenge the judgment and order dated 2nd November 2009 passed by the learned Single Judge in Special Civil Application No.7835/2009, whereby the learned Single Judge allowed the petition preferred by respondent nos.1 to 4 herein (original writ petitioners) quashing and setting aside the show -cause notice dated 15th June 2009 issued by the District Collector. Aggrieved by this order passed by the learned Single Judge, the appellant herein (original respondent no.6) has preferred this Appeal.

(2.) FACTS relevant for the purpose of deciding this Appeal can be summarised as under : -

(3.) THIS land in question was of a restricted tenure i.e. new tenure land. The original owners of the land applied with the Collector to change the tenure from restricted to old tenure and for this purpose they showed their willingness to deposit the requisite amount towards premium which may be fixed by the Collector in this regard under the provisions of Section 43 of the Bombay Tenancy and Agricultural Lands Act (for short, 'the Tenancy Act').