GEETABEN MAGANLAL JETHAWA Vs. NARENDRA PRANJIVAN PANDYA

JUDGEMENT

(1.) Rule. Shri Bhatt waives the service of the rule on behalf of the respondent No. 1. Respondent No. 2 is neither necessary nor proper party to this special civil application. Its name is ordered to be deleted from the title of the special civil application. Office is directed to make necessary correction in the cause title of the special civil application.

(2.) Heard learned counsel for the parties.

(3.) The facts of this case in brief are that the petitioner applied to the Deputy Collector, Bhavnagar for an order for the electric connection in the disputed premises where she lives in, situated in Plot No. I/A, Madhuvan in Takhateswer Plot area, Bhavnagar, stating inter alia that she is a tenant in the above premises and the respondent is the landlord thereof. The landlord does not allow her to get the electric connection as he has not given his consent for the same. The Deputy Collector, Bhavnagar has granted the application of the petitioner. The landlord being dissatisfied with that order filed a revision application in the District Court, Bhavnagar which came to be decided under the order dated 23.7.1998 by the Assistant Judge, Bhavnagar. The revision application has been allowed and the matter has been remanded back to the Deputy Collector, Bhavnagar for trial thereof afresh before him and to give his decision in view of the observations made by the Court in the judgment.