Gujarat High Court
Shantiben Karshanbhai Chandera vs State Of Gujarat on 22 December, 2020
Author: Ashutosh J. Shastri
Bench: Ashutosh J. Shastri
C/SCA/14326/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14326 of 2020
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SHANTIBEN KARSHANBHAI CHANDERA
Versus
STATE OF GUJARAT
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Appearance:
MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 10,11,12,13,14,2,3,4,5,6,7,8,9
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 22/12/2020
ORAL ORDER
1. Heard learned advocate Mr. S.P. Majmudar for the petitioners.
2. Mr. Majmudar has submitted that twice, the request of the private respondent company came to be rejected in view of Section 63AA of the Tenancy Act and still, though learned Secretary (Appeals) was of the opinion that whatever decision taken by the Collector is just and proper, still surprisingly, the matter is remanded back by partly allowing the revision application. This order is not only unjust, improper, suffers from vice of non- application of mind but quite contrary to the previous adjudication which has taken place before the Collector and not in consonance with Section 63AA of the Act.
3. In view of the aforesaid submissions, NOTICE returnable on 22.01.2021.
(ASHUTOSH J. SHASTRI, J) NAIR SMITA V. Page 1 of 1 Downloaded on : Wed Dec 23 23:41:56 IST 2020