MANGALBHAI SHANKERBHAI PATEL Vs. GUJARAT REVENUE TRIBUNAL

JUDGEMENT

(1.) By way of present appeal under Clause 15 of the Letters Patent, the appellants herein - original petitioners have challenged an oral order dtd. 10/2/2022 passed by the learned Single Judge in Special Civil Application No.2054/2019 by which the learned Single Judge refused to entertain the petition by which the original petitioners had challenged an order dtd. 24/9/2018 passed by the Gujarat Revenue Tribunal in Revision Application No.TEN.BA/244/2017 challenging an order / certificate dtd. 28/3/1959 after a period of 58 years and 6 months.

(2.) Learned advocate Mr. Vimal Purohit appearing for the original petitioners would submit that the learned Gujarat Revenue Tribunal as well as the learned Single Judge have committed an error in not entertaining the case of the original petitioners on merits and only on the ground of delay both, the learned Gujarat Revenue Tribunal as well as the learned Single Judge ought not to have rejected the case of the original petitioners. He would further submit that it is an undisputed fact that the Mangalbhai Shankerbhai Patel was 'protected tenant' and therefore, certificate dtd. 28/3/1959 ought not to have been issued by the Deputy Collector. He would further submit that even the Trustees of the respondent Trust are acting contrary to the Trust Deed and therefore also, the learned Gujarat Revenue Tribunal as well as the learned Single Judge ought to have considered the said aspect.

(3.) On the other hand, learned Senior Advocate Mr. Shalin Mehta with learned advocate Mr. Nirav Sanghavi appearing for respondent No.3 ' Trust has opposed the present appeal and supported the reasons assigned by the learned Gujarat Revenue Tribunal.