RAMBHAI TEJABHAI MALANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By the se petitions, the petitioners have challenged the notice dtd. 23/12/2020 issued by the Mamlatdar, Kotda Sanghani, under the provisions of Sec. 202 of the Gujarat Land Revenue Code, 1879, requiring the petitioners to hand over the possession.

(2.) The main grievance raised by Mr.Asit Joshi, learned advocate for the petitioners is that the purported notice is nothing but, a final order passed by the mamlatdar, without there being any adjudication over the right of the petitioners. It is therefore, submitted that the order dtd. 23/12/2020, under garb of notice, would be in violation of the principles of natural justice and deserves to be quashed and set aside.

(3.) Mr.Nikunj Kanara, learned Assistant Government Pleader was required to take instructions and upon instructions from Mr.C.G. Parakhiya, In-charge Mamlatdar, Kotda Sanghani, Rajkot, who is personally present in the Court, it is stated that the petitioners shall be heard and only after hearing the petitioners, the order shall be passed by the mamlatdar concerned.