MANIBEN WD O NARANJI KASANJI Vs. NAGIN LAKHA

JUDGEMENT

(1.) The petitioner is before this Court through a Power of Attorney Holder challenging the order passed by the Mamlatdar & ALT in Tenancy Case No.32F/3913/77 dated 29.01.1986 which was confirmed in appeal by the Deputy Collector, Valsad in Tenancy Appeal No.688 of 1986 by judgement and order dated 18.12.1987 against which a Revision Application being No.TEN.B.S. 29/88 was preferred before the Gujarat Revenue Tribunal (hereinafter referred to as The Tribunal) which too came to be rejected by the judgment and order dated 08.03.1991. The petitioner filed a review application against the said judgement and order of the Tribunal being Review Application No.TEN.C.S.3/91, which came to be rejected by an order dated 05.01.1995. The petitioner has prayed in para 12 as under. 12. The petitioner having no other adequate remedy approaches Your Lordships and prays that a writ of certiorari and/ or mandamus be issued under Articles 226 and 227 of the Constitution of India: (A) to quash and set aside the order of the and A.L.T. Dated 29.1.86 at Annex. 'E' and the order of the Dy. Collector dated 18.12.87 at Annex. 'F' and the order of the Gujarat Revenue Tribunal dated 8.3.91 and 5.1.95 at Annex. 'G' and 'H' respectively;

(2.) The facts of the case are set out by the learned Member of the Tribunal in his judgement and order of Revision Application in para 2 onwards. The gist of the facts are as under:

(3.) Mr.Patel, the learned advocate for the petitioner next submitted that the order of the Mamlatdar & ALT in Inquiry Case No.2/Degam dated 28.08.1960 and the order passed by the Collector in Revision Case No.118-119 dated 25th July 1963 are not binding to the petitioner as the petitioner was not a party to the said proceedings. Having found the assertion of the learned advocate dehors the record the attention of the learned advocate was drawn to the contents of para 2 of the order of the Mamlatdar & ALT, which reads as under: A public notice under sec.32G has been issued and published at the Village Chikhli (sic., Chavdi) by beat of drum and at the Office of the Mamlatdar, Chikhli. Individual notices have also been served upon the persons interested.