DALWADI TRIKAMBHAI TALSIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS intra-court appeal arises out of an order passed by learned Single Judge in SCA No.6121 of 1995 on 04/10/2007. The said petition was preferred under Articles 226 and 227 of the Constitution of India seeking following reliefs:

(2.) IN substance the petitioner challenges the order dated 18/04/1994 passed by the Gujarat Revenue Tribunal in Revision Application No.TEN/BA/227/93. The revision before the Tribunal arose out of proceedings before the Assistant Collector, Limdi which arose out of an order passed by the Mamlatdar dated 20/04/1992. 2.1 The petitioner found favour with the learned Single Judge and the impugned order was passed. Hence, this appeal by original respondent No.3-Dalwadi Trikambhai Talsibhai.

(3.) TODAY, this Court has before it decision of a Full Bench of this Court on this very subject rendered in SCA No.12382 of 2010 and allied matters dated 28/07/2011 in case of Bhagyoday Co-operative Bank Ltd., (supra) and another decision in case Gustadji Dhanjisha Buhariwala (supra) which being a binding force. It is true that matter is referred to a larger Bench in case of Radhey Shyam (supra) expressing a doubt about the Court's jurisdiction as per the proposition laid down in case of 'Surya Dev Rai Vs. Ram Chander Rai as reported in (2003) 6 SCC 675', but, in absence of any contrary order passed by a larger Bench of the Apex Court, which may be duly constituted pursuant to the reference, the decision of Full Bench and Division Bench would be binding to this Court.