- (1.)IT is submitted by learned advocate, Ms.K.J.Brahmbhat for the petitioners that Regular Civil Suit No.178 of 1988 preferred by the present respondent Nos.2.1 to 2.8 in the Court of Civil Judge (S.D.), Himmatnagar, was dismissed vide judgment and order dated 30-7-1994 passed by the 2nd Joint Civil Judge (S.D.), Himmatnagar, and appeal being Civil Appeal No.5 of 1995 filed before the District Court was also dismissed by the learned Assistant Judge, Sabarkantha at Himmatnagar, vide judgment and decree dated 17-2-2001. IT is further submitted that said judgment and decree of the appellate court has not been challenged challenged before any Higher Forum. She has placed on record copy of the judgment and decree rendered in Civil Appeal No.5 of 1995, which is taken on record. IT is, therefore, submitted that the orders passed by the Deputy Collector, Collector, Sabarkantha as well as the Addl. Chief Secretary (Appeal), State of Gujarat, Ahmedabad, are required to be quashed and the petition deserves to be allowed.
(2.)IN view of the above statement made by the learned advocate for the petitioners, since both the suit and the appeal are dismissed, orders dated 14-8-1996 passed by the Deputy Collector, Sabarkantha, 22-7-1997 passed by the Collector, Sabarkantha, as well as 15-5-1998 passed by the Addl. Chief Secretary(Appeals), State of Gujarat, Ahmedabad, are required to be quashed and set aside and they are accordingly quashed and set aside. This Special Civil Application is accordingly allowed. Rule is made absolute.