SHAILESHBHAI MANILAL RANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Considering the fact that issue involved in all these petitions are identical with the consent of parties all the four petitions are taken up for hearing together.

(2.) Common issue involved in these petitions are that when an application was preferred by the parties seeking prior permission for transfer of the immovable property under the provisions of Tenants from Eviction from Premises in Disturbed Areas Act , 1991 and Rules framed thereunder, the Special Secretary, Revenue Department has while deciding various application considered the Appeal preferred under the provisions of the Act by considering those Appeals to be under Sec. 4 of the Act and which provides for post facto approval, and therefore, in respect of the aforesaid grievance, all these matters are taken up together.

(3.) As far as Special Civil Application No.14401 of 2022 is concerned, according to learned advocate Mr. Hakim, the aforesaid petitions are preferred against the order passed by the Collector deciding the application preferred by the petitioners under Sec. 5 as if the said application preferred under Sec. 4 of the Act, and therefore, in view of this common issue, all the matters are taken up together.