GANPATBHAI RAMUBHAI PATEL Vs. AJAYKUMAR HASMUKHBHAI VASHI
LAWS(GJH)-2008-12-128
HIGH COURT OF GUJARAT
Decided on December 16,2008

GANPATBHAI RAMUBHAI PATEL Appellant
VERSUS
AJAYKUMAR HASMUKHBHAI VASHI Respondents

JUDGEMENT

- (1.)ON 5. 12. 1997 when Notice came to be issued this Court granted Ad-interim relief in the following terms : "notice returnable on December 24,1997. By way of ad-interim relief it is directed that the Entries Nos. 1612, 1613 and 1614 shall not be changed in any manner till further orders".
(2.)THEREAFTER, on 10. 11. 1998 when the petition came to be admitted at the time of issuance of Rule the Ad-interim relief came to be confirmed by making following order :
"1. Rule. Heard with regard to interim relief. Mr. Dhirendra Mehta, learned advocate for respondent no. 1 and mr. D. P. Joshi, Ld. A. G. P. for respondents nos. 2 and 3 have opposed continuance of the interim relief. On going through the impugned order passed by the learned special Secretary, it would appear that the matter deserves consideration at the time of final hearing. At the same time when it has been submitted by Mr. Mehta that there are proceedings u/s. 84 C of the Bombay tenancy and Agricultural Lands Act as also proceedings of civil suit pending between the private parties to this petition, it would be just and proper to continue the interim relief while observing that such proceedings will have to be dealt with and decided in accordance with law without being influenced by this order. The interim relief granted at the time of admission is hereby continued till final disposal of this petition with an observation that the proceedings u/s. 84-C of the Bombay Tenancy and Agricultural Lands Act and the proceedings of civil suit between the private parties to the present petition shall be dealt with and decided in accordance with law without being influenced by this order. Service of rule is waived by Mr. Dhirendra Mehta, learned advocate for respondent no. 1 and Mr. D. P. Joshi, ld. A. G. P. for respondents nos. 2 and 3".

(3.)TODAY, attention of the Court is invited to judgment dated 30. 10. 2001 rendered by Gujarat Revenue Tribunal in Revision Application No. TEN. B. A. 85 of 1996 in relation to proceedings under Section 84c of the Bombay Tenancy and Agricultural Lands Act, 1948 (the Tenancy Act ). The operative portion of the order reads as under : "present Revision Application No. TEN. B. S. 85/96 is partially allowed and order of the Dy. Collector dated 24. 6. 96 in Appeal Case No. 12/96 and order of the Mamlatdar, Palsana dated 6. 1. 96 in Case No. 9/94 is cancelled and the matter is remanded to the Mamlatdar, Palsana for taking necessary action and verifying the claim of the applicant being agriculturist as per the instructions contained in Circular of R. D. dated 24. 4. 2001".


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