VALIBEN B VANKAR Vs. RANA RANJITSINH PARAKRAMSINH

JUDGEMENT

(1.) SINCE common questions of law and facts arise in this group of petitions, they are being disposed of by this common judgment.

(2.) FACTS as emerging from SCA No.7069 of 1999 can be noticed.

(3.) HAVING heard the learned advocate Mr. SV Parmar for the petitioner and learned advocate Mr.HM Jadeja for private respondent and Ms. Manisha Lavkumar for State of Gujarat, I find that the impugned orders cannot sustain. As already noted, order passed by Mamlatdar and ALT declaring certain portion of the land of deceased Parakramsinh as surplus was never challenged by him or his heirs. Some other persons claiming to have purchased the land through auction sale approached Deputy Collector challenging the order passed by Mamlatdar. This appeal was dismissed. On that basis heirs of original land owner deceased Parakramsinh approached Gujarat Revenue Tribunal. In the meantime, possession of excess land was already taken over by the Government and it was distributed among different persons including the petitioners. These persons were not joined as parties before the Gujarat Revenue Tribunal. The Tribunal entertained the revision application and allowed it without realizing that the revision applicants had never challenged the order passed by the Mamlatdar before higher authorities and had thus accepted the same and the same had also become final. Equally importantly Deputy Collector acted on the order passed by the Gujarat Revenue Tribunal without hearing the petitioner who by then was enjoying possession of the land since few years and actually cultivating the same.