RANA RANJITSINH PARAKRAMSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These all appeals are directed against the order dated 21.10.2008 passed by the learned Single Judge in Special Civil Application No.7069 of 1999 allowing writ petition filed by the petitioner - Valiben B. Vankar Vs. Rana Ranjitsinh Parakramsinh with the following observations:

(2.) The petition i.e. Special Civil Application No.7069 of 1999 was filed by the allottees of the land which was declared surplus under the provisions of the Gujarat Agricultural Lands Ceiling Act by the Mamlatdar in Ceiling Case No.36 of 1977 vide order dated 31.01.1989. The land in question appears to have been mortgaged with the bank, who auctioned the land in question and the auction purchasers of the land in question challenged the order of the Mamlatdar and not the original land holder viz. Rana Parakramsinh which appeal came to be dismissed by the Deputy Collector on 08.11.1993. The Revision Petition was filed by the original land holder Rana Parakramasinh which was dismissed by the Gujarat Revenue Tribunal viz. TEN BA No.15/1994. In the meanwhile, the land in question declares surplus under the Ceiling Law was distributed and allotted to the member of the Scheduled Caste Community petitioner - Valiben B. Vankar in Special Civil Application No.7069 of 1999. Since the learned Tribunal, without hearing the allottees the petitioner in Special Civil Application, ordered eviction and consequential order was passed by the learned Deputy Collector dated 13.08.1996, they approached the learned Single Judge by the aforesaid Special Civil Application No.7069 of 2099 which came to be allowed by the learned Single Judge directing the respondents to restore the possession of the land in question in favour of the allottees. Aggrieved by the same, Letters Patent Appeals have been filed by the original land holder - Rana Parakramasinh before this Court.

(3.) Having heard learned Counsels for the respective parties, we are of the opinion that the matter deserves to go back to the Gujarat Revenue Tribunal. As admittedly, the orders were passed by the Tribunal without hearing the affected parties viz. allottees of the land in question by the State Government. We are unable to appreciate the reasons for the same and in our opinion, the Gujarat Revenue Tribunal ought to have been aware of the fact of the allotment of the land in question in favour of the petitioner - Valiben B. Vankar before the learned Single Judge and without giving an opportunity of hearing to them could not have been decided the appeal before it. Therefore, present Letters Patent Appeals are allowed by setting aside the order of the learned Single Judge dated 21.10.2008. The matter is restored back to the Gujarat Revenue Tribunal to decide the appeal/appeals afresh in accordance with the law after giving an opportunity of hearing to all concerned parties in the matters.