Heard Mr.Harnish Darji, learned advocate for the petitioners.
Mr.Darji, learned advocate submits that the plaintiffs and their ancestors were granted premises in question on lease by Vadu Gram Panchayat and they are in possession for more than 30 - 40 years and that the panchayat was also recovering rent and suddenly in the year 2018, the proceedings for evicting has been started which came to be challenged by way of preferring two successive suits as the previous suit was filed without statutory notice which came to be disposed of and after giving statutory Page 1 of 2 Downloaded on : Sat Jan 11 02:31:11 IST 2020 C/SCA/713/2020 ORDER notice, the second suit was filed.
In view of the aforesaid factual position, this Court intends to verify as to (i) whether concerned Gram Panchayat has ever passed any resolution for granting lease to the present plaintiffs - petitioners, (ii) whether the panchayat was regularly recovering rent for about last 40 years and (iii) whether the land in question belongs to Vadu Gram Panchayat or the same has been vested with the State Government.
Issue Rule returnable on 17.1.2020. The respondent authorities shall come up the explanation of aforesaid three issues on the next date of hearing.
Direct service is permitted.
(R.P.DHOLARIA, J) H.M. PATHAN Page 2 of 2 Downloaded on : Sat Jan 11 02:31:11 IST 2020