High CourtsSingle Bench(2010) 10 GUJ CK 0056

Amanullakha Rasulkhan Thakor vs State of Gujarat and Others

Gujarat High Court · Decided on 18 October 2010

HON’BLE JUDGES
K. S. Jhaveri, J
CASE NUMBER
Special Civil Application No. 2750 of 1994

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Judgment

4 paragraphs · 162 words

K.S. Jhaveri, J.

1.0. By way of present petition, the Petitioner has challenged the orders dated 27.09.1993 passed by the Gujarat Revenue Tribunal whereby the Revision Application preferred by the Petitioner was dismissed by the Tribunal.

2.0. Having considered the fact and circumstances of the case and considering the submission of the learned advocate for the Petitioner that vide order dated 25.09.1989 passed by the Mamlatdar and ALT, Nanod, deceased-petitioner was declared as tenant as per Section 70(B) read with Section 4 of the Tenancy Act. Therefore, he should be considered as tenant pursuant to the order of the Mamlatdar. It is also found that while confirming the order dated 27.09.1993, subsequent development is not considered by the Tribunal. Hence, it will be open for the Petitioner to approach the concerned authority after the order dated 25.09.1989 passed by the Mamlatdar and ALT declaring the deceased-petitioner as tenant of the land in question.

3.0. With the above observation, petition stands disposed of.