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SCA/857/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 857 of 2010
=========================================================
JAYESHKUMAR
JAIKISHANDAS SURTI - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
AMIT V THAKKAR for
Petitioner(s) : 1,
MR AMIT P PATEL ASSTT GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 13/04/2010
ORAL
ORDER
The
petitioner has sought to challenge the order dated 26.6.2009 of
Gujarat Revenue Tribunal whereby orders of the Deputy Collector and
the Mamlatdar & ALT are set aside. While remanding the matter for
fresh decision on merits by the Mamlatdar & ALT, Vansda, the
Tribunal has elaborately noted the doubtful nature of the previous
proceedings which raises the issues of genuineness of the orders and
proceedings held to grant any right to the petitioner in respect of
the land in question. Learned counsel Mr.Thakkar fairly conceded
that the matter involves issues and questions of disputed facts and
could best be resolved by the Mamlatdar & ALT by rendering
appropriate decision in accordance with law. Learned A.G.P, appearing
on advance copy, submitted that, since a fresh decision is to be
rendered, the Mamlatdar & ALT shall take up the matter and
expeditiously decide all the issues falling within their jurisdiction
in accordance with law. Under the circumstances, the petition was not
pressed for any relief at this stage and accordingly it is disposed
as withdrawn with no order as to costs.
Sd/-
(
D.H.Waghela, J.)
(KMG
Thilake)
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