MANILAL MULJIBHAI KACHHIYA Vs. BHOGILAL SHANKARBHAI AMIN

JUDGEMENT

(1.) Heard Mr. Mehul Sharad Shah, learned counsel appearing for the appellants, Mr.S.P.Majmudar, learned counsel with Mr.Kaushal Patel, learned counsel for respondent Nos.1 and 1.4 and Mr.K.M.Antani, learned Assistant Government Pleader for respondent Nos.6 to 8.

(2.) This intra-court appeal is arising out of the judgment and order dtd. 24/1/2023 passed by the learned Single Judge in allowing the writ petition, setting aside the order dtd. 21/11/2017 passed by the Gujarat Revenue Tribunal ('the Tribunal' for short) in Revision Application No. TEN / BA / 430 of 2009 issuing directions to Mamlatdar & ALT, Padra to decide the issues therein by 31/12/2023. The writ petition was filed by the respondents herein viz. heirs and legal representatives of deceased Shankerbhai Ishwarbhai Amin and 4 others, seeking for quashing of the order dtd. 21/11/2017 passed by the Tribunal.

(3.) The facts, in brief, relevant to decide the controversy before us are that the predecessors-in-title of the writ petitioners viz. deceased Shankerbhai Ishwarbhai Amin was owner of the land bearing Revenue Survey No.1332/2 admeasuring 3 - 18 Acres Gunthas as well as Revenue Survey No.1333/p admeasuring 1 - 05 Acres - Gunthas of Village: Padra, Taluka: Padra, District: Vadodara. The original owner was declared as 'certified landlord' under Sec. 88C of the Gujarat Tenancy and Agricultural Lands Act, 1948 ('the Tenancy Act' for short). The private respondents therein, i.e. the appellants herein claim to be the tenants of the land in question.