LAWS(GJH)-2021-6-222

DHIRUBHA AGARSINH RANA Vs. STATE OF GUJARAT

Decided On June 16, 2021
Dhirubha Agarsinh Rana Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the Order dated 24.10.2013 / 25.10.2013 of the learned Single Judge dismissing the Special Civil Application No.2948 of 1997 Dhirubhai Agarsinh Rana vs. State of Gujarat & Ors.

(2.) Having heard the learned counsels, we are of the opinion that the matter would require remand back to the Gujarat Revenue Tribunal who decided the Revision Application filed by the Appellant-Petitioner on 30.7.1993 upholding the Order passed by the First Appellate Authority namely, the Dy. Collector (Prant Adhikari) who also dismissed on 28.2.1988 the First Appeal filed by the Appellant-Petitioner against the Order of the Mamlatdar dated 18.1.1985, by which, the land in question was resumed to the State under Section 84C of the Gujarat Tenancy Act.

(3.) The sale by the Respondent No.4 namely, Ishwarbhai Mohanbhai Patel who was represented by his widow Smt. Revaben ,who later on is represented by her Legal Representatives Kantibhai Ishwarbhai Patel etc. and who are Respondent No.4 before us, sold the land in question to the present Appellant-Petitioner Dhirubhai Agarsinh Rana under the Sale Deed dated 26.7.1982 and Mutation Entry with regard to that was made on 9.10.1982.