SUSHILABEN MAGANLAL MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal arises from the order dated 26.8.2010 passed by the learned Single Judge of this Court in Special Civil Application No.4988 of 1999, whereby the petition of the State is allowed and the order of the ULC Tribunal is set aside with the cost of Rs.10,000/-.

(2.) HEARD Mr.Mihir Joshi, learned Counsel appearing with Mr.Tattvam Patel for the appellant, Mr.Rahul Dave, learned AGP for respondent No.1 State and Ms.Trusha Patel, learned Counsel for respondent No.2 representing through legal heirs.

(3.) IN our view, the appeal itself before the Tribunal was not only incompetent, but could also be said as misuse of process of law, for which there was no authority with the Tribunal and such process was initiated by the appellant and respondent No.2 herein. Even as on today, the affidavit filed in SCA No.4988 of 1999 on behalf of respondent therein is that the possession has not been taken over in accordance with law, for which the aspects stood concluded by the principles of constructive res judicata when this Court decided SCA No.8727 of 1989 against which the matter is not carried before the higher forum.