Gujarat High Court
Budhaji Holaji Vaghari vs Gotabhai Chaturbhai Parmar on 25 June, 2013
Author: Harsha Devani
Bench: Harsha Devani
BUDHAJI HOLAJI VAGHARI DECEASED THRO LEGAL HEIRSV/SGOTABHAI CHATURBHAI PARMAR DECEASED THRO HEIRS C/SCA/9457/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 9457 of 2013 With SPECIAL CIVIL APPLICATION NO. 9971 of 2013 With SPECIAL CIVIL APPLICATION NO. 9983 of 2013 ================================================================ BUDHAJI HOLAJI VAGHARI DECEASED THRO LEGAL HEIRS & 6....Petitioner(s) Versus GOTABHAI CHATURBHAI PARMAR DECEASED THRO HEIRS & 3....Respondent(s) ================================================================ Appearance: MR RASESH H PARIKH, ADVOCATE for the Petitioner(s) No. 1 - 7 MR.HEMANG H PARIKH, ADVOCATE for the Petitioner(s) No. 1 - 7 ================================================================ CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI Date : 25/06/2013 COMMON ORAL ORDER
Mr.H.M.Parikh, learned advocate for the petitioners has submitted that before the Deputy Collector, three appeals had been preferred. Two appeals had been preferred against the order passed by Mamlatdar & ALT under Section 32O of the Bombay Tenancy and Agricultural Lands Act, 1948 whereby the petitioners were held to be tenants, whereas one appeal was preferred against the order passed by the Mamlatdar & ALT under section 84C of the Tenancy Act. It was submitted that the Deputy Collector, by a common order dated 29th May, 1992, has partly allowed the appeal in respect of the order passed under section 84C of the Tenancy Act and has remanded the matter to the Mamlatdar & ALT to decide the same afresh, whereas the order under section 32O has been quashed and set aside. It was submitted that revisional authority has also considered the case in the light of the order passed under section 84C and has failed to consider the fact that the order under section 32O of the Tenancy Act has been totally quashed and set aside. Thus, the petitioner stands non suited, inasmuch as, the order passed by the Mamlatdar under section 32O stands quashed and set aside by the order of the Deputy Collector.
Having regard to the submissions advanced by the learned counsel for the petitioners, Issue Notice returnable on 23rd July, 2013.
Direct service is permitted.
(HARSHA DEVANI, J.) ashish Page 2 of 2