UPENDRABHAI BABUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Notice. Learned Government Pleader waives service of notice for respondent nos. 1, 2 and 3. Learned counsel Shri Satyen Thakkar waives service of notice for respondents 4.1 to 4.8. Notice to respondent nos. 5 and 6, returnable on 17th September, 2018. Direct service permitted for respondent nos. 5 and 6.

(2.) We have heard learned Senior Counsel Shri Dhaval Dave, appearing with Shri Jigar Patel, counsel for the appellants and Mr. Satyen Thakkar, learned counsel for respondents 4.1 to 4.8.

(3.) The appellants are owners of the land admeasuring 1 Acre 11 Gunthas covered by survey no. 1995 situated in village Bakrol, Taluka-Anand. The suo motu proceedings were initiated under section 32(1)(B) of the Gujarat Tenancy &Agricultural Lands Act, 1947, which are closed by order dated 27.11.1979. Said order is taken in suo motu review by the Deputy Collector, Kheda, who, by order dated 21.4.1986 also dropped the proceedings. As against the order of the Deputy Collector, Kheda, the contesting respondents, who are legal heirs of the original tenant, have carried the matter before the Gujarat Revenue Tribunal by way of revision application. The Gujarat Revenue Tribunal, by order dated 25.7.2016, allowed the revision application filed by the legal heirs of the tenant in Revision Application No. 874 of 1994 and quashed and set aside the order dated 21.4.1986 passed by the Deputy Collector, Kheda and the order dated 27.11.1979 passed by the Mamlatdar (ALT), Anand in Tenancy Case No. 356/79.