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SCA/11452/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11452 of 2010
=========================================================
VINODBHAI
@ BABUBHAI MANGALBHAI PATEL & 2 - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 4 - Respondent(s)
=========================================================
Appearance :
MR
ATIT D THAKORE for
Petitioner(s) : 1 - 3.
MR RAKESH RINDANI ASST GOVERNMENT PLEADER
for Respondent(s) : 1,
None for Respondent(s) : 2 - 3, 5,
MR
TULSHI R SAVANI for Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 21/09/2010
ORAL
ORDER
By
way of this petition the petitioner has prayed for the following
reliefs.
(A) Your
Lordships be pleased to allow this Special Civil Application;
(B)
Your Lordships be pleased to issue writ of certiorari or any other
writ, order or direction, setting aside the judgment and order passed
by the Mamlatdar, as well as Deputy Collector and Revenue Tribunal,
in Revision Application No.TEN/BA/445/1995 on dated 15.12.2009 and
further be pleased to grant the prayer as prayed hereinafter;
(C) Your
Lordships may be pleased to stay the implementation and execution of
the order passed by the Mamlatdar in Case No.472 of 1992 dated
15/04/1994 as well as Deputy Collector, Ahmedabad dated 31.7.1995 as
well as judgment and order dated 15.12.2009, passed by the Revenue
Tribunal, gujarat State, Ahmedabad, in Revision Application
No.TEN/BA/445/1995 and further be pleased to grant order of Status
Quo to be maintained by both the parties during the pendency and
final hearing of this petition;
(D)
Your Lordships be pleased to pass such other and further reliefs that
may be deemed fit and proper in the facts and circumstances of the
case;
2. Having
heard the learned Advocate for the petitioner and having perused the
orders passed by the authorities below, this Court is of the opinion
that concurrent findings are recorded to the effect that petitioner
is not real and legal heirs of the original tenant and therefore the
view taken by the authorities is just and proper and this Court is in
complete agreement with the findings arrived at by the authorities
below. The petition is devoid of merits and does not require to be
entertained. Petition stands dismissed.
(K
S JHAVERI, J.)
sompura
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