AMRUTSINH NATHTHUSINH PADHIYAR Vs. NARSING MANGANLAL PADHIYAR

JUDGEMENT

(1.) This appeal has been filed against the order dated 28.06.2016 passed by the learned Single Judge allowing the Special Civil Application No.3727 of 2012 and setting aside the impugned order dated 18.11.2011 passed by the learned Gujarat Revenue Tribunal and the order dated 30.09.1993 passed by the Collector.

(2.) The learned Gujarat Revenue Tribunal, by the impugned order dated 18.11.2011, had remanded the case back to the learned Collector to consider the case again about the tenancy of the writ petitioner Narsing Maganlal Padhiyar. Aggrieved by the same, the appellant before us, i.e. Amrutsinh Nathhusinh Padhiyar, who seems to have purchased the land in question from the respondent No.1 before the learned Single Judge, Firozsha Ratansha Bulsarana, through the Power of Attorney Dr. Roshan Ratansha Bulsara, was also directed to be heard by the learned Collector under the said remand order dated 18.11.2011. The learned Single Judge, by the impugned order, however held that there was no occasion for the learned Gujarat Revenue Tribunal to make a second remand since the matter already stood once remanded to the learned Collector vide order dated 18.03.2008 and therefore, a repeat remand was not called for.

(3.) The learned counsel appearing for the appellant-purchaser Mr. Trilok Patel submits that the purchaser of the land in question, i.e. the present appellant, was never heard by any of the revenue authorities below and therefore, the Gujarat Revenue Tribunal was justified in remanding the case back to the Mamlatdar for hearing the case again on merits, after giving an opportunity of hearing to the present appellant purchaser of the land in question while determining the tenancy rights of respondent - Narsing Maganlal Padhiyar, qua the petitioner.