RAOJI G PADAMSINHJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr.Mehul S. Shal, learned counsel for the petitioner and Mr.M.R. Mengdey, learned Assistant Government Pleader for the respondents - State.

(2.) By this petition under Article 227 of the Constitution of India, the petitioner - land-holder is challenging order dtd.25/6/1993 passed in Revision Application No.TEN/BA/393/90 by Member, Gujarat Revenue Tribunal, Ahmedabad, dismissing the revision application and confirming the orders passed by the Dy.Collector and Competent Authority on 27/3/1990 and 30/9/1989 respectively.

(3.) The submission of Mr.Mehul S. Shah, learned counsel for the petitioner is that a perusal of earlier remand order dtd.27/1/1989 passed by the Gujarat Revenue Tribunal in Revision Application Nos.303 and 304 of 1986 would clearly show that there were specific directions to the Competent Authority to do certain acts, such as, to issue notices to the mother and brother of the holder, provide them appropriate opportunity to prove their case that the property was Joint Family Property and apart from the interest of the present petitioner who was handed over the possession of the property after attaining majority and, that whether certain lands were exclusively given to the mother of the petitioner and appropriate opportunity to the parties to lead evidence and prove their case.