JUDGMENT :

A.S. SUPEHIA, J.

1. In the present writ petition, the petitioner-State has assailed the order dated 31.08.2005 passed by the Gujarat Revenue Tribunal (GRT/Tribunal) in Review Application No. TEN.C.A.17/2004, wherein and whereby the Tribunal has allowed the review application filed by the private respondent No. 1 and has set aside the order dated 21.09.1999 passed by the Tribunal in Revision Application No. TEN.B.A.100/1997 and accordingly, has restored the order dated 16.01.1997 passed by the Deputy Collector (L.R.) Vadodara in Tenancy Revision Case No. 68 of 1996 and has declared that the respondent No. 2 is not a tenant of the suit land.

FACTS:

2. The agricultural land bearing Revenue Survey No. 373/A situated at Village Savad, Taluka-Dist. Vadodara belonged to respondent No. 3-Education Trust. In the year 1985, the respondent No. 2 filed Tenancy Case No. 68 of 1985 before the Mamlatdar and ALT, Vadodara under Section 70-B of the Gujarat Tenancy and Agricultural Lands Act, 1948 (for short “the Tenancy Act”). After holding inquiry, the Mamlatdar and ALT, Vadodara declared the respondent No. 2 as the tenant of the suit property vide order dated 01.03.1996.

2.1 The order passe