LAWS(GJH)-2024-10-43

STATE OF GUJARAT Vs. HUSSAINBHAI SATARBHAI MEMAN

Decided On October 14, 2024
STATE OF GUJARAT Appellant
V/S
Hussainbhai Satarbhai Meman Respondents

JUDGEMENT

(1.) The Civil Applications filed by the applicants for condonation of delay in preferring the respective Letters Patent Appeals are condoned as the delay is explained to the satisfaction of the Court. The delay condonation applications are accordingly allowed. The office shall allot regular number to the concerned appeals.

(2.) In the present group of appeals, the common question that has arisen for consideration is about the validity of the proceedings under Sec. 75 of the Saurashtra Gharkhed, Tenancy Settlement and Agriculture Lands Ordinance, 1949 (in short the "Ordinance' 1949") initiated by the Collector for alleged breach of Sec. 54 of the Ordinance' 1949 against the petitioners at different points of time.

(3.) The original Writ petitions were filed in the year 2013 onward and most of the Writ petitions, in the bunch, are of the year 2019, which have been filed after dismissal of the revision filed by the petitioners before the Special Secretary (Appeals), Revenue Department (SSRD) thereby confirming the order passed by the Collector. The original order of eviction was passed by the Collector invoking the power under Sec. 75 of the Ordinance' 1949.