AMBALAL SOMABHAI PATEL Vs. KANAJI MOTIJI

JUDGEMENT

(1.) THE petition is directed against the order dated 12. 10. 1999 passed by the Deputy Secretary (Appeals), Revenue Department, Government of Gujarat, by which, the said authority was pleased to set aside the order dated 23. 11. 1967 passed by the Mamlatdar and ALT and was further pleased to remand the proceedings to the said authority for fresh order under Section 32-P of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short "tenancy Act") for disposal of the land in question.

(2.) APPARENTLY, by order dated 23. 11. 1967, the Mamlatdar and ALT was pleased to grant the land to the land holder for personal cultivation on new tenure basis under Section 32-P of the Tenancy Act. That has not been implemented as the tenant was not willing to purchase the land and the said order, therefore, was ineffective.

(3.) AGAINST the said order, the private respondents had preferred revision application before the Secretary who passed the impugned order on 12. 10. 1999.