TEJIBEN RAIJIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petition emanates from the order dtd. 2/12/2021 passed by the Gujarat Revenue Tribunal (GRT), wherein and whereby the revision application filed by the petitioners is rejected.

(2.) Learned advocate Mr.Modi has submitted that the order passed by the Tribunal is required to be quashed and set aside since the Tribunal has not considered that the land in question was in the name of great grandfather of the petitioners since 1951 till 2016 and without any process, his name is deleted. He has also referred to the revenue entries in this regard, which are produced by him.

(3.) Per contra, learned advocate Mr.Morakhia appearing for the respondent No.4 has supported the order passed by the Tribunal and has submitted that in fact the order dtd. 16/9/1960 passed in Tenancy Case No.11 of 1960, wherein and whereby name of one Babarbhai Amrabhai Parmar, who is the predecessor of the petitioners, has been removed as a protected tenant from 7/12 extracts. The said order has been passed under the provision of sec. 32G of the Gujarat Tenancy and Agricultural Land Act, 1948 (for short "the Tenancy Act") by holding that Shri Babarbhai Amrabhai Parmar is not entitled to any allotment of the land. It is submitted that in fact, the aforesaid authorities were supposed to implement the order and when the respondent No.4 applied for deletion of the entries, an objection was raised by the petitioners, which was rejected initially by the Mamlatdar and ALT by the order dtd. 1/9/2016, which was challenged by the petitioners before the Deputy Collector. It is further submitted that by the order dtd. 15/5/2019, Tenancy Appeal Case No.34 of 2018 filed by the petitioners was also rejected and further, the revision application, which was filed by the petitioners against the said order, was also rejected by the Tribunal. Thus, it is submitted that all the authorities below have favoured the respondents hence, the matter may not be entertained.