VAJIRKHAN B PATHAN DELETED Vs. SUTHAR MAGANLAL SHANKERLAL

JUDGEMENT

(1.) THE cause title of the petition shows that there are four petitioners, namely, Dr. Vajirkhan B. Pathan, Dariavkhan I. Baloch, Imamkhan N. Sindh and A.M. Makrani; against the name of each of the petitioners, there is a mention that name deleted. The petition is on behalf of those persons whose names are not on the records and it has been filed through their constituted attorney, Jummamiyan Gallumian Chauhan.

(2.) I enquired from Shri P.J. Vyas, learned Counsel for the petitioners, that if these four persons are not party to the petition, then, how such petition would be maintainable. In reply to the query, Shri Vyas, learned Counsel, referred to paragraph -4 of the order passed by the Revenue Tribunal in Revision Application No. TEN.B.A.1238/84 decided on 25th March, 1991. There is a clear mention in the order that the petitioner before the Tribunal, that is, Suthar Maganlal Shankerlal (present respondent No.1), made an application that the names of respondent Nos.1 to 5 in the Revision Application be deleted and the matter be continued against the State of Gujarat. Consequent upon grant of the application, all the five names were deleted. Respondent No.5, Fakir Lalmohmad Rasulbhai, is party respondent No.2 in these proceedings. Shri Vyas submits that the petition has been filed with abundant precaution that the order may not be used and utilised against the interest of the present petitioners. Therefore, this petition has been filed.

(3.) ON enquiry from Shri S.K. Jhaveri, learned Counsel for respondent No.1, he says that they did not claim any relief against the present petitioners in their revision application, therefore, the names were deleted.