Gujarat High Court
Decd. Dhanjibhai Vasram Gohil Thro ... vs State Of Gujarat on 24 September, 2018
Author: Rajesh H.Shukla
Bench: Rajesh H.Shukla
C/SCA/31054/2007 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 31054 of 2007
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DECD. DHANJIBHAI VASRAM GOHIL THRO HEIRS
Versus
STATE OF GUJARAT
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Appearance:
MR AMIT V THAKKAR(3073) for the PETITIONER(s) No.
1,1.1,1.2
MR MANAN MEHTA, AGP (1) for the RESPONDENT(s) No. 1
RULE SERVED(64) for the RESPONDENT(s) No. 2,3
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CORAM: HONOURABLE MR.JUSTICE RAJESH H.SHUKLA
Date : 24/09/2018
ORAL ORDER
1. Present petition is filed by the petitioners under Articles 226 and 227 of the Constitution of India as well as under the Bombay Tenancy and Agricultural Lands Act, 1948, for the prayers as prayed for inter alia that appropriate writ, order or direction may be issued quashing and setting aside the order passed in Revision Application No.TEN/BS/199/94 dated 27.10.2006 and also the order passed by the Gujarat Revenue Tribunal in Revision Application No.199 of 1994 dated 30.11.2005 and also passed by the Collector, Surat in Tenancy Case No.4/1993 dated 16.08.1994 on the ground stated in the memo of petition.
2. During the course of hearing, it transpires that the Page 1 of 3 C/SCA/31054/2007 ORDER petitioner can avail the benefit of the amendment in law i.e. under Section 63AB of the Gujarat Tenancy and Agricultural Lands Act, 1948. Therefore, the petitioner- the subsequent purchaser Shri Nilesh Rasiklal Patel has filed an affidavit that he would like to avail the benefit of the amendment in law by making necessary application before the competent authority under the Tenancy Act.
3. However, learned advocate Shri Thakkar has stated that the direction may be issued to the Mamlatdar, Bardoli to consider such application made by the petitioner-the subsequent purchaser Shri Nilesh Rasiklal Patel in accordance with law on merits without taking into consideration the impugned order.
4. Therefore, the petitioner-the subsequent purchaser Shri Nilesh Rasiklal Patel shall make an application under Section 63AB of the Gujarat Tenancy and Agricultural Lands Act, 1948 to Mamlatdar, Bardoli within a period of three months and the Mamlatdar, Bardoli shall decide the same within a period of three months thereafter.
5. It goes without saying that while taking the decision, Mamlatdar, Bardoli will consider the said Page 2 of 3 C/SCA/31054/2007 ORDER application as per the amended provision of law i.e. Section 63AB of the Gujarat Tenancy and Agricultural Lands Act, 1948 without taking into consideration the impugned order.
6. Therefore, the present petition stands disposed of subject to the aforesaid observation. Rule is discharged. No order as to costs.
(RAJESH H.SHUKLA, J.) ABHISHEK Page 3 of 3