STATE OF GUJARAT Vs. DURLABHBHAI NARANBHAI

JUDGEMENT

(1.) BY way of this petition under Article 227 of the Constitution of India, the petitioners ­ State of Gujarat and another have prayed for appropriate writ, order and/or direction to quash and set aside the impugned judgement and order passed by the Gujarat Revenue Tribunal in Revision Application No.TEN/BS/240 of 1995, by which the Gujarat Revenue Tribunal has allowed the said Revision Application preferred by the original land owner quashing and setting aside the order of remand passed by the Dy.Collector, Olpad Prant, Surat dtd. 8/5/1995 passed in Ceiling Appeal No.93 of 1994.

(2.) FACTS leading to the present Special Civil Application, in nutshell, are as under :

(3.) MR .Dhirendra Mehta, learned advocate appearing on behalf of the respondents has tried to oppose the present Special Civil Application, however, has fairly conceded that while passing the impugned Judgement and Order the learned tribunal has exceeded in his jurisdiction in criticizing and making comments against the earlier order of remand passed by the coordinate bench / tribunal. However, he has submitted that as long time has gone, the tribunal has rightly interfered with the order of remand passed by the Dy.Collector. It is submitted that as rightly observed, the earlier order of remand passed by the Gujarat Revenue Tribunal was with respect to Canal Officer only and therefore, in appeal against the order passed by the Mamlatdar and ALT on remand the Dy.Collector was not required to go beyond the order of remand passed by the Gujarat Revenue Tribunal. By making above submissions, it is requested to dismiss the present Special Civil Application.