Gujarat High Court
Gomanbhai Bavjibhai Parmar ... vs Gomanbhai Ratnabhai Parmar on 29 November, 2021
Bench: Nirzar S. Desai
C/SCA/14838/2021 ORDER DATED: 29/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14838 of 2021
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GOMANBHAI BAVJIBHAI PARMAR THROUGH POA HOLDER
MANJULABEN GOMANBHAI PARMAR
Versus
GOMANBHAI RATNABHAI PARMAR
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Appearance:
MR MANAN A SHAH(5412) for the Petitioner(s) No. 1
.... for the Respondent(s) No. 1
DS AFF.NOT FILED (N)(11) for the Respondent(s) No. 2,3,4,5,6
MR JINESH H KAPADIA(5601) for the Respondent(s) No. 1
NOTICE NOT RECD BACK(3) for the Respondent(s) No. 3,4
NOTICE SERVED(4) for the Respondent(s) No. 2,5,6
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 29/11/2021
ORAL ORDER
1. By way of this petition, the petitioner has prayed for
following reliefs:
"(A) YOUR LORDSHIPS be pleased to issue a writ
of certiorari or a writ in the nature of certiorari or
any other appropriate writ, order or direction,
directing the respondent no.6 - Gujarat Revenue
Tribunal to decide Revision Application No. TEN /
BA / 96 / 2019 as expeditiously as possible and
preferably within 3 months or such other period as
this Hon'ble Court may deem fit, as the issue raised
in the revision application is is squarely covered by
the judgment of this Hon'ble Court reported at AIR
2012 SC 3320, 1991 (1) GLH 566 and 1985 (2) GLR
644, in the interest of justice;
(B) YOUR LORDSHIPS may be pleased to grant
such other and further relief/s as deemed just and
C/SCA/14838/2021 ORDER DATED: 29/11/2021
proper by this Hon'ble Court in the interest of
justice."
2. Heard learned advocate Mr.Manan Shah for the
petitioner, learned advocate Mr.Jinesh Kapadia for
Respondent No.1 and learned Assistant Government
Pleader Mr.Shivam Dixit for Respondent Nos.4, 5 and 6.
The endorsement in the board shows that notice is duly
served upon the Respondent Nos.2 and 3 as well
however, they have chosen not to appear either through
an advocate or in person before this Court. Therefore,
with the consent of learned advocates for the respective
parties, the matter is decided finally.
3. By way of this petition, the innocuous prayer that
has been made by the petitioner is to direct the Gujarat
Revenue Tribunal to decide Revision Application
No.TEN / BN/ 96/2019 as expeditiously as possible
preferably within a period of three months since though
the original dispute relats back to the year 1959 and the
proceedings under Section 74 of the Tenancy Act were
for the first time initiated in the year 2001 and
subsequently from time to time the matter was remanded
back and de novo proceedings etc. are initiated, the main
issue is not to decide till date.
4. Learned advocate Mr.Jinesh Kapadia appearing for
the contesting Respondent No.1, who is applicant in the
Revision Application pending before the Gujarat Revenue
C/SCA/14838/2021 ORDER DATED: 29/11/2021
Tribunal, does not have any objection if the direction is
issued to Gujarat Revenue Tribunal to hear and decide
Revision Application No.96 of 2019 pending before it.
Both the sides assure that they will cooperate in the
hearing before the Gujarat Revenue Tribunal and will not
seek any unnecessary adjournment.
5. In view of above assurance given by both the sides
as well as considering the fact that main issue is pending
before the Gujarat Revenue Tribunal is too old, the
Gujarat Revenue Tribunal is directed to hear and decide
the Revision Application No.96 of 2019 pending before it
as early as possible preferably within six months from the
date of receipt of writ of this order.
6. With the above observations and directions, present
petition is disposed of. It is clarified that while issuing
aforesaid directions, this Court has not gone into merits
of the matter and Gujarat Revenue Tribunal may proceed
with the matter independently considering the merits of
the matter without being influenced by observations
made in forgoing paras. Notice is discharged.
Direct service is permitted.
(NIRZAR S. DESAI,J)
MISHRA AMIT V.
