Balwantji Manaji Thakore (Chauhan)-Legal Heir of Decd vs State of Gujarat and Others

M.R. Shah, J.—By way of this petition under Articles 226 and 227 of the Constitution of India, the Petitioner has prayed for an appropriate writ, direction and order quashing and setting aside the impugned order passed by the Mamlatdar and ALT, Sanand dated 3.11.2010 passed in Old Tenancy Case No. 6959 of 1982 (Tajpur) New Tenancy Case No. 43 of 1990 by which the learned Mamlatdar and ALT, Sanand has dismissed the said application / case submitted by the Petitioners to declare him as a tenant u/s 70B, 32 G of the Bombay Tenancy Act.

It is not in dispute that against the impugned order there is a further remedy available to prefer an appeal before the Deputy Collector (Land Reforms) u/s 74 of the Act and even thereafter there is a further revision application provided under the Act. In view of the above present petition is not required to be entertained and the Petitioner is to be relegated to prefer an appeal before the Deputy Collector (Land Reforms). Shri P.R. Nanavati, learned advocate for the Petitioner under the instructions from his client does not invite any further reasoned order and therefore, this Court is not assigning any further reasoned order. However, he has requested that ad-interim relief which granted by the learned Single Judge of this Court may be continued for sometime so as the enable the Petitioners to submit an appropriate application for interim relief before the Deputy Collector (Land Reforms) before whom the appeal is to be preferred. Shri Thakkar, learned advocate for the contesting Respondents has stated that, in that case, it may be suitably observed that the Deputy Collector (Land Reforms) to decide and dispose of the said application for interim relief in accordance with law and on merits without in any way being influenced by the continuation of ad-interim relief.

In view of the above, present petition is not entertained and Petitioner is relegated to prefer an appeal before the Deputy Collector (Land Reforms) against impugned order passed by the Mamlatdar, Sanand. The ad-interim relief granted by this Court is directed to be continued for a period of three weeks from today so as enable the Petitioners to submit an appropriate application for interim relief before the Deputy Collector (Land Reforms), however, the same shall be without prejudice to the rights and contentions of the respective parties. As and when such an application is preferred, the Deputy Collector (Land Reforms) shall decide and dispose and consider such application in accordance with law and on its own merits without in any way being influenced by the continuation of ad-interim relief granted earlier and which has been continued for a period of three weeks. In the facts and circumstances of the case, as and when the appeal is preferred before the Deputy Collector (Land Reforms), the same may be disposed of expeditiously in accordance with law and on merits. Rule is discharged. Direct service is permitted.