ORDER :

J.B. PARDIWALA, J.

1. This appeal under Clause 15 of the Letters Patent Act is at the instance of the original private respondents of a writ application filed by the respondent No.5 herein and is directed against the judgment and order passed by a learned Single Judge of this Court dated 04.02.2020 in the Special Civil Application No.6148 of 2018 by which the learned Single Judge allowed the writ application filed by the respondent No.5 herein (original writ applicant).

2. We have heard Ms.Nisha Parikh, the learned counsel appearing for the appellants and Mr. Dharmesh Devnani, the learned AGP for the respondent Nos.2, 3 and 4 respectively.

3. The learned Single Judge while allowing the writ application filed by the respondent No.5 herein observed as under :

“12. To the contrary, the Tribunal, without examining the aspects of delay of 53 years, has set aside the order of the Deputy Collector on the ground that there was no power vested with Extra Aval clerk to pass such orders and the Mamlatdar cannot direct the Extra Aval Clerk to pass such order.

13. In the considered opinion of this Court, such observation made by the Tribunal are arbitrary and illegal. Since the proceedings re