Heard Mrs.Ketty A.Mehta, learned advocate for the petitioner and Mr.Udayan P.Vyas, learned advocate for respondent No.4 who is appearing on Caveat. It is submitted by Mrs.Ketty A.Mehta, learned counsel for the petitioner that the impugned order passed by the Secretary (Appeals), Revenue Department dated 8-10-2012 is illegal and against settled principles of law inasmuch as while stating that there is no bar of Section 63 of the Tenancy Act, it is held that the Will made in favour of the petitioner, bequeathing the land in question, is an unregistered one and has not been made keeping in mind succession as mentioned in Section 8 of the Hindu Succession Act, 1956. The Revision Application has been rejected on these grounds alone. It is submitted that the Secretary was deciding a Revision Application in RTS proceedings and could not have decided any issue pertaining to the Registration Act, 1908 and the Hindu Succession Act, 1956, as has been held by this Court in Evergreen Apartment Co-operative Housing Society Ltd. v. Special Secretary, Revenue Department,Gujarat State, 1991(1) GLR 113.
Issue notice, returnable on 24-1-2013. By way of ad-interim relief, it is directed that the implementation, execution and operation of the impugned order dated 8-10-2012 shall remain stayed, till then.
(SMT.
ABHILASHA KUMARI, J.) ARG Page 2 of 2