Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Gujarat
  4. /
  5. 2012
  6. /
  7. January

Babubhai Dalsukhbhai Patel & Ors vs State Of Gujarat Through Secretary &

High Court Of Gujarat|15 February, 2012
|

JUDGMENT / ORDER

(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1 This appeal is filed by the appellants under Clause-15 of the Letters Patent challenging the Order dated 13.12.2010 passed by the learned Single Judge in Special Civil Application No. 14894 of 2010, by which the learned Single Judge has dismissed the writ petition on the ground that the revenue record which is produced by the appellants/petitioners is only upto 992-1993. The case put forward by the appellants/petitioners with regards to the possession of the land which cannot be gone into either in writ petition or in Letters Patent Appeal and the remedy lies in filing of suit before appropriate civil court.
2 In view of the aforesaid, the impugned order dated 13.12.2010 passed by the learned Single Judge in Special Civil Application No.14894 of 2010 is set aside. The writ petition being Special Civil Application No.14894 of 2010 and the Appeal are dismissed on the ground of alternative remedy of filing suit is available to the appellants. There shall be no order as costs.
(V.M. SAHAI, J.) (A.J. DESAI, J.) pnnair
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Babubhai Dalsukhbhai Patel & Ors vs State Of Gujarat Through Secretary &

Court

High Court Of Gujarat

JudgmentDate
15 February, 2012
Judges
  • V M Sahai
  • A J Desai
Advocates
  • Mr Ps Champaneri