HEIRS OF RAJABHAI MOHAMMED HUSSAIN SHAIKH vs STATE OF GUJARAT

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

HIGH COURT OF GUJARAT
A.Y. KOGJE, J
HEIRS OF RAJABHAI MOHAMMED HUSSAIN SHAIKH – Appellant
Versus
STATE OF GUJARAT – Respondent

Advocates:
For the Appellants/Petitioners: MR PM BHATT
For the Respondents: GOVERNMENT PLEADER, MR BHARAT R PANDYA, MR. RAJAN J PATEL

Table of Content
1. historical claims of ownership and tenancy rights. (Para 2 , 3 , 4)
2. challenge to tenancy based on past jurisdiction. (Para 5 , 6 , 7 , 8)
3. arguments against the genuineness of previous orders. (Para 9 , 10)
4. court's authority to re-examine tenancy claims. (Para 11 , 12 , 14 , 15 , 16)
5. final ruling and dismissal of the petition. (Para 17 , 18)

ORDER

1. This petition under Article 226 of the Constitution of India is filed for challenging the order dated 22-11-2011 passed by the Gujarat Revenue Tribunal (GRT) in Revision Application No.TEN/BA/298/1995 and the order dated 5th July, 2012 again passed by the GRT in Review Application being No.TEN/CA/5/2012. As a necessary consequence, the petitioners also challenge the order dated 30-04-1993 and 22-03-1995 respectively passed by the Mamlatdar and the Deputy Collector respectively.

2.All the aforesaid orders are in connection with Survey No.830 and 839 of Village-Paldi Kankaj, Taluka-Dascroi, District-Ahmedabad pertaining to declaration of the private respondents herein as the Tenants of the aforesaid land. Therefore, all the aforesaid proceedings were under Section-32 of the Bombay Tenancy and Agricultural Land Act,

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HIGH COURT OF GUJARATA.Y. KOGJE, JHEIRS OF RAJABHAI MOHAMMED HUSSAIN SHAIKH – AppellantVersusSTATE OF GUJARAT – Respondent

HIGH COURT OF GUJARAT
A.Y. KOGJE, J
HEIRS OF RAJABHAI MOHAMMED HUSSAIN SHAIKH – Appellant
Versus
STATE OF GUJARAT – Respondent