SHANTARAM HARIBHAI JADAV Vs. LAXMANBHAI HARIBHAI JADAV

JUDGEMENT

(1.) The present LPA is filed against judgment and order dated 30.09.2010 passed by the learned Single Judge in SCA No.3094 of 2001, whereby the learned Single Judge was pleased to dismiss the petition for the reasons recorded in the judgment and order and discharged Rule with no order as to costs and vacated interim relief, if any.

(2.) Heard learned Advocate Mr.Amit M.Panchal with learned Advocate Mr.Tattavam K.Patel for the appellants.

(3.) Learned Advocate for the appellants submitted that one of the petitioners in SCA No.3094 of 2001, i.e. Mr.Shantaram Haribhai Jadhav had expired on 29.01.1998. A copy of the death certificate is produced at page No.Z of the compilation. SCA No.3094 of 2001 was filed against judgment and order dated 25.09.2000 passed by the Gujarat Revenue Tribunal in Revision Application No.TEN B.A.106/1992. A copy of memo of Revision Application is produced at page No.22 of the compilation, wherein Mr.Shantaram Haribhai Jadhav is impleaded as applicant No.3. This very Revision Application came to be decided by judgment and order dated 25.09.2000, a copy of which is produced at page No.13 of the compilation, wherein also, Mr.Shantaram Haribhai Jadhav is shown as applicant No.3. In the petition memo also, Mr.Shantaram Haribhai Jadhav is impleaded as petitioner No.3. In the the List of Events , it is mentioned that, The questions involved in this petition for determination are that whether the order passed in R.T.S. Case rejecting the application of the respondent for getting his name entered in Record of Rights as the cultivator of the suit lands and not carried further for any challenge, operates as bar against the inquiry u/s. 320 (sic- 32(O) of the Act, in absence of any inquiry made u/s.70(b) of the Act? and whether since the commencement of the Urban Land (Ceiling and Regulations) Act, 1976 the suit lands ceased to be agricultural lands and hence, tenancy Act is not applicable to the suit lands? and whether in absence of setting aside abatement order of joining the legal heirs of the deceased is null and void and whether impugned tenancy is null and void?