Sarojben Pathabhai Solanki vs Harisangbhai Nathubhai Solanki

1. Rule. Learned Assistant Government Pleader Mr.Krutik Parikh waives service of rule on behalf of the respondent-State.

2. With consent of the learned advocates appearing for the respective parties, this matter is taken up for final hearing today. Learned advocates appearing for the respective parties have requested this Court not to pass a reasoned order in this matter.

3. In view of the short facts, the following aspects emerges that (i) the panchnama was prepared in absence of the petitioners-original plaintiffs (ii) the respondent-authority has further directed the petitioners to use Page 1 of 2 C/SCA/19142/2017 ORDER particular land other then the land in dispute.

3. Having heard the learned advocates for the respective parties and considering the above two aspects, I am of the opinion that the matter requires consideration. The order passed by the Respondent No.4 in Revision Case No.2 of 2015 dated 27.01.2016, is hereby quashed and set aside.

4. The matter is remanded to the Mamlatdar, Barwala who has passed the order in Land/Mamlatdar Court Act/Section 5(2)/04/13 dated 04.02.2014. The Mamlatdar, Barwala is hereby directed to decide this matter as expeditiously as possible, in accordance with law, after giving an opportunity of hearing to the petitioners, without influenced by the observations made in the appeal. Suit shall be decided expeditiously, preferably within a period of six months from the date of receipt of a copy of this order.

5. In view of the above, the present petition is disposed of. Rule is made absolute to the aforesaid extent.

(A.J.DESAI, J) PALAK Page 2 of 2