CHANDUBHAI RAMABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under Clause 15 of the Letters Patent is at the instance of the original petitioners of a Special Civil Application and is directed against the judgment and order passed by the learned Single Judge of this Court dated 28.4.2011 in the Special Civil Application No.4743 of 2011 by which the learned Single Judge rejected the petition preferred by the appellants herein thereby affirming the order passed by the Gujarat Revenue Tribunal.

(2.) The facts giving rise to this appeal can be gathered from para 2.0 of the impugned judgment passed by the learned Single Judge. Para 2.0 reads thus :-

(3.) It appears from the materials on record that the grand-father of the appellants herein was cultivating the land in question as a tenant under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948 ( for short 'the Act, 1948'). It also appears that way back in the year 1963 proceedings under Section 32(G) of the Act, 1948 were initiated. However, such proceedings initiated under Section 32(G) of the Act, 1948 had to be closed as the sale in favour of the grand-father of the appellants herein was declared ineffective. It also appears that in this regard an order was passed under Section 32(P) of the Act and the land in question was ordered to be handed over to the original owner-landlord. Despite the same, in the year 1977 the Mamlatdar & ALT, Nadiad suo motu initiated the proceedings once again and passed an order declaring the grand-father of the appellants herein as the tenant under the Act, 1948. Such order came to be challenged by the landlord before the Gujarat Revenue Tribunal. The Revenue Tribunal quashed and set aside the order passed by the Mamlatdar & ALT dated 19.10.1977. Being dissatisfied with the order passed by the Revenue Tribunal the Special Civil Application No.4743 of 2011 came to be preferred by the appellants. The said application came to be rejected by the learned Single Judge of this Court holding as under :-