BHERUMAL DHUDAJI NAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India is filed against the order dtd. 5/8/2022 passed by the Gujarat Revenue Tribunal in Case No.Appeal/BNS/61/2022. The aforesaid order was an order refusing to grant interim relief while admitting the appeal against the order of the Collector, Banaskantha in Case No.20 of 2022, which in turn confirmed the order of Mamlatdar dtd. 18/2/2022.

(2.) Learned advocate for the petitioners however has restricted his argument to pray for an interim order pending the hearing of the application by the GRT. It is submitted that in case interim relief as prayed for is not granted, then the authorities are likely to proceed ahead and take over the possession of the subject land, resulting into rendering the the proceedings before the GRT as infructuous.

(3.) Learned advocate for the petitioners submitted that the petitioners were originally tenants of a trust and therefore the induction of the petitioners in the said land was on the basis of being tenants and therefore they cannot be evicted from the land without following the process for eviction. He drew attention of this Court to some of the documents placed on record which consist of the rent receipt issued by the trust.