STATE OF GUJARAT Vs. ARUNBHAI LALJIBHAI GADHIYA

JUDGEMENT

(1.) By way of present appeal under Clause 15 of the Letters Patent, the State of Gujarat and its Authorities have challenged the impugned judgment dtd. 22/6/2016 passed by the learned Single Judge in Special Civil Application No.12640/2013, by which the learned Single Judge has quashed and set aside the notice dtd. 21/9/2011 issued by the Deputy Collector, Surat, by which the Authority had called upon the original petitioners to respond to the notice since the Deputy Collector, Surat intended to take out proceedings under Sec. 76A of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as "Tenancy Act").

(2.) The short facts emerging from the record of the case are as follows:

(3.) Learned Assistant Government Pleader Mr. Bhargav Pandya appearing for the appellants would submit that the order dtd. 31/1/2007 passed by the Mamlatdar and ALT itself was illegal in view of the fact that he had no powers to lift the restriction provided under Sec. 43 of the Tenancy Act. He, therefore, would submit that when the order itself is illegal and when the Authority came to know about the said order, the notice was issued.