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2015 Supreme(Guj) 1018

JAYANT M.PATEL, N.V.ANJARIA
State of Gujarat – Appellant
Versus
Jitendra Ramabhai Patel – Respondent


Advocates Appeared:
Mr. Rakesh Patel, AGP for the Appellants No. 1-2
Mr. Rutul P. Desai, Caveator for the Respondents No. 1-2

JUDGMENT :

Jayant Patel, J.

Admit. Mr. Rutul Desai, learned advocate for the respondents waives notice for admission.

2. With the consent of learned advocates appearing for both the sides, the appeal is finally heard.

3. The present appeal is directed against the order dated 19.08.2014 passed by the learned single Judge of this court in SCA No. 6126 of 2011, whereby the learned single Judge has for the reasons recorded in the order, allowed the petition in terms of para 21(A) and 21(AA) and has directed the authority to decide the application of the petitioners and to pass appropriate orders within a period of six months.

4. We have heard Mr. Rakesh Patel, learned AGP appearing for the appellants-State and Mr. Prashant Desai, learned Senior Counsel with Mr. Rutul Desai, learned advocate for the respondents-original petitioners.

5. The contention raised on behalf of the appellants was that as per Rule 25(C) of the Bombay Tenancy and Agricultural Lands Rules, 1956 (hereinafter referred to as the ‘Rules’), maximum power available to the Collector for extension is of two years and after expiry of the period of two years, the Collector would become functus officio and it will not be permissib























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