REKHABEN RAVINDRA KAPADIA Vs. MOTIRAM JULAL PATIL

JUDGEMENT

(1.) SINCE common point is involved in all these appeals, they are taken up for hearing together with the consent of learned counsel appearing in the matters and are being disposed of accordingly by this common judgment.

(2.) PRESENT appeals are directed against the order dated 28.1.2008 passed by the learned Single Judge in Special Civil Application Nos.1020/2008, 1033/2008, 1035/2008 and 1036/2008.

(3.) IT seems that initially, appeals were preferred before the Deputy Collector, who allowed the appeals filed by the appellant, against which the matters went to the Gujarat Revenue Tribunal (for short 'Tribunal') and the Tribunal set aside the order of the Deputy Collector and sent the matters back to the Deputy Collector for fresh consideration. Accordingly, all the four matters came before the Deputy Collector. After remand, the matters were re-numbered as Tenancy Appeal No.5 of 1995 and other such appeals. The Deputy Collector, Surat by his order dated 30.6.1995 allowed the said appeals and set aside the order of the Mamlatdar & ALT, Nizar on the ground that the land in question is in the State of Gujarat and therefore, the respondent No.1 cannot be a tenant in the State of Gujarat. It is also held that the respondent No.1 is not entitled to declare him as a tenant and therefore, the Deputy Collector set aside the order of the Mamlatdar & ALT, Nizar.