Gujarat High Court Case Information System
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SCA/9525/1994 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9525 of 1994
For
Approval and Signature:
HONOURABLE
MR.JUSTICE KS JHAVERI
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
ARVINDBHAI
VRUJKISHORLAL DESAI - Petitioner(s)
Versus
MAMLATDAR
& AGRICULTURAL LAND TRIBUNAL & 3 - Respondent(s)
=========================================================
Appearance
:
MR
HM PARIKH for
Petitioner(s) : 1,
MR PRANAV DAVE, AGP for Respondent(s) : 1 - 2,
4,
UNSERVED-EXPIRED (R) for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 19/10/2010
ORAL
JUDGMENT
By
way of the present petition, the petitioner has challenged the order
of the Dy.Secretary (Appeals), Revenue Deptt., dated 18.3.1994
whereby the order of the Mamlatdar, Kheda terminating tenancy of the
tenant and allowing the possession of the landlord as a new tenure
land, has been confirmed.
2. The
brief facts of the case are that, the petitioner is the owner of land
bearing Survey Nos.1966 and 1967. In the proceedings initiated under
Section 32G of the Tenancy Act, the sale was declared ineffective on
19.4.1992. It is stated that since the tenancy was terminated and
the name of the tenant was deleted and the possession was allowed to
be retained by the land lord on new tenure land on 25.3.1967.
2.1 The
petitioner preferred an appeal before the respondent No.2 –
Deputy Collector, which was dismissed on the ground of delay
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