IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 6467 of 1991 For Approval and Signature: Hon'ble MR.JUSTICE D.A.MEHTA ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- MOHANBHAI K PATEL Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: MRS KETTY A MEHTA for Petitioner GOVERNMENT PLEADER for Respondent No. 1 RULE SERVED for Respondent No. 2 -------------------------------------------------------------- CORAM : MR.JUSTICE D.A.MEHTA Date of decision: 21/04/2001 ORAL JUDGEMENT The petitioner has challenged the order dated 30th July, 1991 passed by the Gujarat Revenue Tribunal in Review Application No.TEN.B.S.129/87 whereby the following effective order is made : "12. The revision application is allowed. The orders of the courts below are set aside and the matter is remanded to the Mamlatdar & A.L.T. Valsad, to obtain the canal certificate from the Canal Officer who would issue it after hearing the applicant and after obtaining such certificate the Mamlatdar & A.L.T. will hear the parties and keeping the observations made hereinabove in view, he will decide the matter according to law." 2. It appears that the principal grievance of the petitioner is against various observations made by the Tribunal while making the aforesaid order of remand. Prima facie, the grievance of the petitioner is justified in as much as while passing the order of remand it would not be open to the Tribunal to make any observation or record any final finding on merits of the controversy. 3. We, therefore, sustain the ultimate order of remand subject to modification in the operative portion by deleting the following words : "Keeping the observations made herein above in view" from the order of the Tribunal. The Mamlatdar and ALT, Valsad will hear the petitioner afresh without being in any way influenced by any of the observations or findings made or recorded by the Tribunal. 4. The order dated 30th July 1991 passed by the Gujarat Revenue Tribunal is, therefore, modified to the aforesaid extent. 5. The petition is disposed off accordingly. Rule is discharged with no order as to costs. Ad-interim relief granted vide order dated 13th September, 1991 stands vacated. (D.A. Mehta, J) 'Bhavesh'