VAGHELA POPATBHAI CHHAGANBHAI Vs. MAMLATDAR

JUDGEMENT

(1.) This appeal challenges an oral order dtd. 24/8/2021 passed by the learned Single Judge in Special Civil Application No.16874 of 2019. By the aforesaid oral order, the learned Single Judge has refused to entertain the petition of the appellant wherein the appellant herein - original petitioner had prayed for a writ of mandamus or any appropriate writ, order or direction to the respondent - Tenancy Authorities to restore the possession and occupation of the tenancy of land of Survey Nos.46 and 47 of village Dumral and Survey No.215 of village Tundel and dwelling house in its original position to the petitioner from respondent Nos.5 and 6 and to fix the purchase price under Sec. 32G of the Gujarat Tenancy and Agricultural Land Act, 1948 (hereinafter referred to as "Tenancy Act") and declare the petitioner as a deemed tenant as on 1/4/1957.

(2.) Mr. A.N. Patel, learned Counsel appearing for the petitioner would submit that the learned Single Judge erred in dismissing the petition on the ground of previous litigation which the petitioner had filed to hold that the question that the petitioner as a tenant could not now be reopened.

(3.) Having heard learned Counsel Mr. A.N. Patel appearing for the appellant and having perused the order of the learned Single Judge it is borne that, this is a multiple round of litigation at the hands of the petitioner who had earlier approached this Court by filing Special Civil Application No.21372/2017. The order dtd. 29/11/2017 passed by the learned Single Judge needs to be set out inasmuch as it reproduces the prayers made in that petition, which read as under: