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Evergreen Apartment Co-Operative ... vs Special Secretary (Appeals), Revenue ... on 16 August, 1990

9. An infirmity in law in respect of the impugned exercise of powers and the resultant order may arise on yet another count. It is well settled principle that an authority exercising powers under one statute, cannot proceed to decide an aspect or issue falling under the different law, and justify thereby its exercise of powers. The respondent No.1 was exercising his powers under the Bombay Land Revenue Code in the Revenue jurisdiction and it was not within his area of powers to advert to an aspect arising under the Tenancy law by concluding that since provisions under the said law were breached, the permission granted under the revenue jurisdiction was liable to be recalled. This proposition of law has been laid down in Evergreen Apartment Cooperative Society Vs Special Secretary, Revenue Department [1991 (1) GLR 113] and other judgments.
Gujarat High Court Cites 8 - Cited by 137 - Full Document
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