PITAMBARBHAI HARIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this present appeal under Clause 15 of the Letters Patent, the appellants - original petitioners have challenged the judgment dated 18.11.2010 passed by learned Single Judge in Special Civil Application No.9239 of 1993 by which the learned Single Judge has confirmed the orders passed by three authorities of the Revenue Department.

(2.) THE brief facts of the case are as under: 2.1 In the present case, the auction was held on 21st January 1988 by the Sarpanch-respondent no.4 herein. It is the case of the authorities that it was after necessary permission was granted by the Taluka Development Officer the auction was held. Subsequently, the Taluka Development Officer sanctioned sanction the auction dated 21st January 1988 on 29th April 1988. THE petitioners being aggrieved by the outcome of the auction, challenged that auction before the Deputy Collector by filing Appeal No.42 of 1988, which came to be allowed by the Deputy Collector by order dated 30th December 1988 whereby the Deputy Collector was pleased to quash the order of auction and remitted the matter to the Taluka Development Officer, Palanpur for ascertaining as to whether the land in question is a 'Gamtal,' a 'Gauchar' or a Government land and if there is unauthorized possession of the petitioners, the same should be removed and thereafter, fresh decision be taken. 2.2 Against this order of the Deputy Collector, the affected parties, viz. respondents no.5 to 9 filed an appeal which came to be decided by the Collector by judgment and order dated 29th January 1991, who allowed the appeal and quashed and set aside the order passed by the Deputy Collector dated 30th December 1988 and confirmed the order sanctioning the auction sale by the Taluka Development Officer dated 29th April 1988. Against this order of the Collector, the present petitioners preferred the appeal before the SSRD, who decided the same by judgement and order dated 7th October 1992, who confirmed the order of the Collector dated 29th January 1991. In the result the order of the Taluka Development Officer dated 29th April 1988 sanctioning the auction stood confirmed.