Deceased Makwana Shnabhai ... vs State Of Gujarat
2022 Latest Caselaw 2639 Guj

     C/LPA/175/2021                            ORDER DATED: 08/03/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/LETTERS PATENT APPEAL NO. 175 of 2021
           In R/SPECIAL CIVIL APPLICATION NO. 9733 of 2020
                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
             In R/LETTERS PATENT APPEAL NO. 175 of 2021
==========================================================
   DECEASED MAKWANA SHNABHAI BHIKHABHAI THROUGH LEGAL
                         HEIRS
                         Versus
                   STATE OF GUJARAT
==========================================================
Appearance:
for the Appellant(s) No. 1,2
MR PY DIVYESHVAR(2482) for the Appellant(s) No.
1.1,1.2,1.3,1.4,1.5,2.1,2.2,2.3,2.4,2.5,2.6,2.7
MS SHRUTI PATHAK AGP for the Respondent(s) No. 1,2,3
==========================================================

 CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
       and
       HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                           Date : 08/03/2022

                             ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

In view of the observations made in paragraph 8 of the impugned judgment, the present Letters Patent Appeal is not entertained. However, the appellants - original petitioners are permitted to avail the alternative remedy under Section 74 of the Gujarat Tenancy and Agricultural Lands Act, 1948.

It is hereby made clear that this Court has not examined the case on merits. If the alternative remedy is availed on or before 25.03.2022, the authority shall consider the same in view of the fact that the petition and the Letters Patent Appeal proceedings were pending before this Court from 2020-2022 and pass appropriate orders.

C/LPA/175/2021 ORDER DATED: 08/03/2022

In view of above, the Letters Patent Appeal is disposed of. Consequently, no orders are required in Civil Application for stay and the same also stands disposed of.

(A.J.DESAI, J)

(ANIRUDDHA P. MAYEE, J.)

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