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SCA/5852/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5852 of 2010
=========================================
STATE
OF GUJARAT - Petitioner(s)
Versus
PATEL
KANTABEN W/O RAMANBHAI PRAHLADBHAI & 4 - Respondent(s)
=========================================
Appearance
:
MR NEERAJ
SONI, ASSTT. GOVERNMENT PLEADER
for Petitioner(s) : 1,
MR
DHAVAL M BAROT for Respondent(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4,
1.2.5, 1.3.1, 1.3.2, 1.3.3, 1.3.4, 1.3.5,1.3.6
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 21/07/2010
ORAL
ORDER
Draft
amendment allowed.
Rule.
1. Shri
Dhaval Barot, learned advocate appearing on behalf of the
respondents original revisionists has submitted that present
petition itself is not maintainable as there is no decision by the
Tribunal which is adverse to the petitioner State Government. The
aforesaid cannot be accepted. By impugned judgment and order, the
Gujarat Revenue Tribunal has directed the Collector, Mehsana to grant
formal permission to convert the land into old tenure on accepting
the premium which was determined in the year 1997 with 12% interest
and the difference of premium during the year 1997 and the date on
which the order came to be passed, would be a big difference. Under
the circumstances, the contention on behalf of the private
respondents herein that petition is not maintainable as there is no
order adverse to the petition, cannot be accepted.
2. Having
heard learned advocates appearing for respective parties on interim
relief and considering the fact that when the respondents herein
original revisionists did not press the Revision Application and
challenge to the order passed by the Collector, further direction by
the Tribunal while passing final order in the aforesaid Revision
Application directing the Collector, Mehsana to pass a formal order
for converting the land from new tenure to old tenure on condition to
pay 12% interest on the amount of premium determined on 05.09.1997 by
the Collector, prima
facie, cannot
be sustained as there will be a vast difference of premium determined
in the year 1997 and as on today.
Hence,
by way of ad-interim
relief,
the impugned order passed by the Tribunal dated 30.04.2008 passed in
TEN/BA/499/97 is hereby stayed till final disposal of the petition.
(M.R.
Shah, J.)
*menon
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