STATE OF GUJARAT Vs. VALIMOHMAD PIRMOHD SHAIKH

JUDGEMENT

(1.) This batch of petitions and letters patent appeals relate to the same lands and are intrinsically connected with each other and the parties are also common and, therefore, were ordered to be heard together and were accordingly taken up for hearing together and decided by this common judgment.

(2.) In all, four petitions came to be filed by Valimohmad Pirmohmad Shaikh, being Special Civil Applications No.9037, 9038, 9039 and 9040 of 1992 challenging the cancellation of the auction sales in which he had purchased the lands which are subject matter of these writ petitions and letters patent appeals, whereas one petition, being Special Civil Application No.769 of 1989 had been filed by him challenging the cancellation of the mutation entries made pursuant to the auction sales.

(3.) By a judgment and order dated 24.07.2003, all the said writ petitions came to be allowed by a learned Single Judge. In Special Civil Application No.769 of 1989, the order of the Assistant Collector dated 06.01.1986, the order of the Collector dated 05.08.1988 and the order of the revisional authority dated 23.01.1989 came to be quashed and set aside and in the other writ petitions the separate orders of the Collector dated 29.11.1988 and the Secretary (Appeals), Revenue Department dated 24.01.1992 came to be quashed and set aside. Being aggrieved by the judgment and order dated 24.07.2003 passed by the learned Single Judge, the State of Gujarat has filed five letters patent appeals being Letters Patent Appeals No.1664, 1665, 1666, 1667 and 1668 of 2004.