HOTEL GURU PRERANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As common question of law and facts arise in this group of Letters Patent Appeals, they are heard, decided and disposed of by this common judgment and order. Letters Patent Appeal No.1624/2006

(2.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 29.09.2006 passed by the learned Single Judge in Special Civil Application No.853/1991 by which the learned Single Judge has dismissed the said Special Civil Application preferred by the appellant herein - original petitioner (hereinafter referred to as "original petitioner") and has confirmed the order dated 05.01.1991 passed by the Special Secretary, Revenue Department (Appeals), in Revision Application No.SRD/JMN/JNR/17/90 by which the Secretary (Appeals) quashed and set aside the decision dated 16.04.1986 of the local authority of Dwarka Nagar Panchayat as well as the order dated July 1986 of the Collector, Jamnagar disposing of the land belonging to local authority - Dwarka Nagar Panchayat, the original petitioner has preferred the present Letters Patent Appeal No.1624/2006.

(3.) At the outset it is required to be noted that while dismissing the present Special Civil Application Nos.9251/2003 and 3409/2003, the learned Single Judge has relied upon the decision of the learned Single Judge in Special Civil Application No.853/1991 which is the subject matter of Letters Patent Appeal No.1624/2006. Under the circumstances, Letters Patent Appeal No.1624/2006 is treated as lead matter and therefore, for the sake of convenience the facts in Letters Patent Appeal No.1624/2006 arising out of the judgment and order passed in Special Civil Application No.853/1991 are narrated which in nutshell are as under: