IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 9487 of 2024 With R/SPECIAL CIVIL APPLICATION NO. 19765 of 2023 ======================================================== DASRATHBHAI HARGOVANBHAI PATEL SINCE DECD. THROUGH HEIRS &

ORS.

Versus STATE OF GUJARAT & ORS.

========================================================

Appearance:

R/SPECIAL CIVIL APPLICATION NO. 9487 of 2024 MR MJ SHELAT FOR MR DM SHAH for the Petitioner(s)

No. ,1.1,1.2,1.3,2,2.1,2.2,2.3,2.4,3,3.1,3.2,3.3,3.4,3.4.1,4 for the Respondent(s) No.

2,3,4,5,6,6.1,6.10,6.2,6.3,6.3.1,6.3.1.1,6.3.1.2,6.3.1.3,6.3.1.4,6.4,6.5,6.6,6.7,6.8,6.9,7,7.2,7.3, 7.3.1,7.3.2 MR JK SHAH ASSISTANT GOVERNMENT PLEADER/PP for the Respondent(s)

No. 1 MR VIMAL A PUROHIT(5049) for the Respondent(s) No. 7.1 to 7.3.1,7.3.2 R/SPECIAL CIVIL APPLICATION NO. 19765 of 2023 MR SATYAM Y CHHAYA(3242) for the Petitioner(s) No.

1,10,2,3,3.1,3.1.1,3.1.2,3.1.3,3.1.4,4,5,6,7,8,9 MR JK SHAH ASSISTANT GOVERNMENT PLEADER/PP for the Respondent(s)

No. 1 DS AFF.NOT FILED (N) for the Respondent(s) No. 1 MR VIMAL A PUROHIT(5049) for the Respondent(s) No. 6,6.1,6.2,6.3,6.3.1,6.3.2 NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4,5 UNSERVED EXPIRED (N) for the Respondent(s) No. 7 ========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 01/07/2024 ORAL ORDER

1. Heard learned Mr. M.J. Shelat for learned Advocate Mr. D.M. Shah on behalf of the petitioners in Special Civil Application No. 9487 of 2024, learned Advocate Mr. Satyam Chhaya on behalf of the petitioners in Special Civil Application No. 19765 of 2023, learned Assistant Government Pleader Mr. J.K. Shah on behalf of respondent- State in both the petitions and learned Advocate Mr. Vimal Purohit on behalf of respondent no.7.1 to 7.3.1 to 7.3.2 in Special Civil Application No. 9487 of 2024 and on behalf of respondents no. 6.1,6.2,6.3,6.3.1,6.3.2 in Special Civil Application No. 19765 of 2023.

2. The present petitions have been listed today pursuant to order dated 24.06.2024 passed by this Court in Civil Application No. 1 of 2024 with Civil Application No. 2 of 2024 i.e. for bringing legal heirs and for condonation of delay in Special Civil Application No. 9487 of 2024. During course of hearing, since it appeared to this Court that some of the parties before this Court, had played a fraud upon the system and had obtained an order in their favour, therefore it was under such circumstances that Special Civil Application No. 19765 of 2023 was directed to be listed before this Court today along with Special Civil Application No. 9487 of 2024. Learned Advocate Mr. Vimal Purohit tenders an affidavit-in-reply in Special Civil Application No. 9487 of 2024. The same is directed to be taken on record.

3. To give a brief background Special Civil Application No. 19765 of 2023 calls into question an order dated 25.09.2023 passed by the learned Gujarat Revenue Tribunal in Revision Application No. AMD/315/ 2023 more particularly whereby the learned Tribunal had rejected application preferred by the petitioners of Special Civil Application No. 19765 of 2023 on the ground of jurisdiction. The petitioners in the said petition were aggrieved by orders dated 27.04.2023 passed by the Mamlatdar and ALT, Sabarmati in Remand/Tenancy Case No. 3 of 2023 which was confirmed in Appeal by the Deputy Collector (Land Reforms) vide order dated 31.08.2023. It would appear that order passed by the Mamlatdar was upon a direction issued by the learned GRT vide order dated 03.08.2022 in TEN/BA/143/2021 which was preferred by the petitioners of Special Civil Application No. 19765 of 2023.

3.1 The second petition i.e. Special Civil Application No. 9487 of 2024 on the other hand calls into question the above referred order passed by the learned GRT dated 03.08.2022.

4. Learned Advocate Mr. M.J. Shelat on behalf of the petitioners in the later petition, would contend that the order dated 03.08.2022, was setting aside an order dated 20.01.2