BHARATBHAI GULABRAI PARWANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal under Clause 15 of the Letters Patent has been filed against the order dated 12.08.2008 passed by the learned single Judge in the captioned petition. It has been contended on behalf of the appellants that the competent authority under the Administration of Evacuee Property Act, 1950 issued the order dated 16.12.1974 for taking possession and thereafter, passed the order of allotment in favour of the Grandfather of appellants on 19.05.1977. After handing over the possession, the competent authority issued Sanad as per Rule -68 in favour of the Grandfather of appellants on 21.06.1977. It was submitted that the learned single Judge did not appreciate the fact that such allotment could not have been challenged before any authority. It was, therefore, submitted that the impugned order passed by the learned single Judge is bad in law and deserves to be quashed and set aside.

(2.) LEARNED counsel for the respondent supported the impugned order and submitted that considering the observations made by this Court in its order passed in S.C.A. No. 7442/1988 dated 20.04.2000, the learned single Judge was justified in dismissing the petition.

(3.) IN pursuance of the order of remand passed by this Court in Special Civil Application No. 7442/1988 dated 20.04.2000, the Secretary passed a fresh order whereby, he confirmed the order of the District Collector and rejected the Revision Application filed by the appellant, original petitioner. The authority found that respondent no. 2 was in possession of the suit property from the beginning and that she continued to be in possession thereof until then.