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SCA/743/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 743 of 2011
======================================
MANIBEN
KOLADHUBHAI & 3 - Petitioners
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 7 - Respondents
======================================
Appearance :
MR
DP KINARIWALA for the Petitioners.
MS JIRGA JHAVERI, AGP for
Respondent Nos.1 to 4.
DS AFF.NOT FILED (N) for Respondent(s) : 5
- 6, 8,
MR RS SANJANWALA for Respondent(s) : 7,
MR
DILIPLKANOJIYA for Respondent(s) :
7,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 08/04/2011
ORAL
ORDER
1. By
way of this petition under Articles 226 and 227 of the Constitution
of India, the petitioners have prayed for an appropriate writ, order
and/or direction, quashing and setting aside the order dated
29/09/2010 passed by Gujarat Revenue Tribunal, Ahmedabad in Revision
Application No. TEN/BS/49/2000, by which, Gujarat Revenue Tribunal,
Ahmedabad has dismissed the said Revision Application preferred by
the petitioners confirming the order dated 29/06/2000 passed by the
Deputy Collector, Valsad in Tenancy Appeal No.56/1999.
2. It
appears that there were two different proceedings initiated by the
petitioners u/s.70-B of the Bombay Tenancy Act. It appears that the
proceedings u/s.70-B of the Bombay Tenancy Act were with respect to 5
Gunthas of land out of land bearing Survey No.105/2 situated at
Village: Ashura, Taluka: Dharampur, District: Valsad and another
proceedings u/s.70-B were initiated with respect to land bearing
Survey No.105/2, Block No.153 admeasuring 2 Hector 12 RA and 46 PRA
of the land.
It
appears that land with respect to 5 Gunthas out of land bearing
Survey No.105/2, which was given to the respective petitioners and an
order was passed u/s.70-B of the Bombay Tenancy Act and necessary
mutation entry is also made bearing mutation entry No.996, which came
to be certified on 8/12/1978. The present proceedings arise out of
order passed by the authorities below with respect to proceedings
u/s.70-B of the Bombay Tenancy Act with respect to remaining land out
of land bearing Survey No.105/2, Block No.153, Mamlatdar and ALT,
Dharampur held in favour of the petitioners and declared the
petitioners as tenants with respect to land bearing Survey No.105/2,
Block No.153, which came to be set aside by Deputy Collector, Valsad
vide order dated 29/06/2000 passed in Tenancy Appeal No.56/1999,
which came to be confirmed by the Gujarat Revenue Tribunal by
impugned judgement and order.
3. Mr.Kinariwala,
learned advocate appearing on behalf of the petitioners has
vehemently submitted that under the guise of aforesaid two orders
passed by Deputy Collector, Valsad as well as the Tribunal, private
respondents are likely to disturb the possession of the land bearing
Survey No.105/2, for which an order was passed u/s.70-B of the Bombay
Tenancy Act, which were given to the petitioners for huts/residences
and, therefore, it is requested to consider the same with suitable
observations.
4. Mr.Sanjanwala,
learned advocate appearing on behalf of the respondent No.7 has
submitted that apprehension on the part of the petitioners is not
well founded. He has under the instruction from Mr.Salim Kusam Shaikh
– son of the respondent No.7, stated at the bar that possession
of the petitioners with respect to 5 Gunthas of land out of land
bearing Survey No.105/2 for which an order was passed u/s.70-B of the
Bombay Tenancy Act and for which, mutation entry No.996 was made, the
possession of the petitioners shall not be disturbed and private
respondents shall not claim any right, title and interest in the
aforesaid 5 Gunthas of land out of land bearing Survey No.105/2.
5. In
view of the above, the present petition is disposed of by confirming
the orders passed by both the authorities below and considering the
statement made by learned advocate appearing on behalf of respondent
No.7 as recorded hereinabove and it is ordered that private
respondents herein shall not have any right, title and interest in
the aforesaid 5 Gunthas of land out of land bearing Survey No.105/2
situated at Village: Ashura, Taluka; Dharampur, District: Valsad, for
which, an order was passed u/s.70-B of Bombay Tenancy Act, for which,
the aforesaid mutation entry No.996 is made and certified on
08/12/1976. Notice is discharged. No costs.
[M.R.SHAH,J]
*dipti
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