- (1.)AS issues arise in both the petitions are same and similar and, therefore, with the consent of all the parties, both these petitions are heard together and are disposed of by this common CAV Judgment.
(2.)THE petitioner of Special Civil Application No. 10329 of 2010 has filed the petition for quashing and setting aside the Judgment and order dated 8.7.2010 passed by the Gujarat Revenue Tribunal, Ahmedabad, in Appeal No. AS.5/08 and also prayed to restore the order dated 18.6.2007 passed by the Joint Charity Commissioner, Surat, in Application No.36/16/60.
The petitioners of Special Civil Application No. 13812 of 2010 have filed the petition for quashing and setting aside the Judgment and order dated 8.7.2010 passed by the Gujarat Revenue Tribunal, Ahmedabad in Appeal No. AS/5/2007 and also prayed to stay the effect, implementation and operation of impugned order dated 8.7.2010.

(3.)BRIEF facts of the case are as under :
1. The respondent Parsi Panchayat Trust (for short the Trust ) is a public charitable Trust formed for the benefits of people of Parsi community, which is registered with the Office of Assistant Charity Commissioner, Surat. The Trust is having one property bearing Survey No. 16, T.P. Scheme No. 3, final plot No. 33, admeasuring around 18749 sq. meters. It is alleged that one Minochar Ratansha Sorabkhan was holding the said land in the capacity of tenant since 1928-29. Thereafter, Surat Urban Development Authority framed town planning scheme No.3 in the area of village Karanj and the above survey number was given final plot Nos. 27, 28, 29, 31, 32 and 33. Final plot No.27 and 33 are in possession of the tenant and after his death the name of Beramsha was entered as tenant on 7.4.1962 and necessary entry No.270 was recorded in the revenue record. 2. It is averred that Prant Officer, Surat, issued Exemption Certificate to the respondent Trust since the said land is for the Tower of Silence and Institution for public religious worship. It is alleged that thereafter, the Gujarat Devasthan Inam Abolition Act came into force with effect from 15.11.1969 and the Exemption Certificate was cancelled. New section 88-E was inserted in the Tenancy Act and as per the provision of Section 88-E and Section 32 of the Tenancy Act, the person who is in possession of the land, as tenant, is considered as deemed purchaser and as per Section 32-D purchase price can be decided. Therefore, as per the provision of Section 88-E Beramsha became the deemed purchaser of the disputed land. It is alleged that on and around 22.9.1971 the Additional Mamlatdar, Surat, passed an order under Section 32-G of the Tenancy Act and deleted the name of Beramsha Minochar from the revenue record. However, after the said order also Beramsha remained in possession of the land. 3. It is averred that in the year 2004 some head strong persons of Kishan Construction Company have tried to disturb the possession of the land and, therefore, Beramsha filed Tenancy Case No.117 of 2004 for declaration of his tenancy right and to treat/consider him as deemed purchaser and to decide the price of the land as per Section 32 of the Tenancy Act. The said proceeding is still pending. Beramsha has also filed Tenancy Appeal No.45 of 2004 on 14.7.2004 before the Deputy Collector, Choryasi Prant challenging the order dated 20.9.1971 passed by the Additional Mamlatdar. However, during the pendency of said Appeal No.45 of 2004 said Beramsha expired on 6.12.2005 and, therefore, Dinasha petitioner had applied for substituting him as the heir and legal representative of Beramsha in view of registered Will executed by Beramsha dated 1.2.2004 and thereafter he was substituted as appellant in Appeal No.45 of 2004. Thereafter, the said Appeal came to be allowed by the Deputy Collector by order dated 22.3.2007 by quashing and setting aside the order passed by the Mamlatdar, against which the Appeal was preferred before the Gujarat Revenue Tribunal which came to be allowed by order dated 21.4.2010. Against the said order of Tribunal, the petitioner preferred Special Civil Application No. 7657 of 2010 before this Court and this Court vide order dated 21.7.2010 directed the parties to maintain status-quo as on today i.e. 21.7.2010. 4. It is also averred that the petitioner is also independently having lease hold right in the land and he is claiming his lease hold right independently upon the document executed by him with the Parsi Panchayat. By letter dated 25.1.1989 the President of Parsi Panchayat informed the Zonal Officer of Surat Municipal Corporation that out of final plot No.33, land admeasuring 16549 sq. meters was given to Dinasha (petitioner of Special Civil Application No. 10329 of 2010) on rent and if the permission for construction is granted then the Trust has no objection. The petitioner has also filed Civil Suit No.52 of 2004 before the Small Causes Court, Surat, against the Trust and Kishan Construction Co. The Small Causes Court, Surat, allowed the application Exh.5 and granted interim injunction restraining the defendants from taking over forcible possession and entering into the land admeasuring 16500 sq. meters of land of final plot No.33 by order dated 29.7.2010.