STATE OF GUJARAT Vs. MOHAN SARADHA

JUDGEMENT

(1.) Under the Bombay Land Revenue Code, 1879 (Code) it is the Collector who has the jurisdiction to dispose of Bet or Bhatha lands in the State of Gujarat. The government issued instructions dated 28/12/1966 to the Collectors not to renew the leases in respect of Bet or Bhatha lands. The leaseholders challenged the validity of the government instructions on various grounds. A division bench of the Gujarat High court following its earlier judgment (11 Gujarat Law Report 386 - wherein the abovesaid government instructions were struck down - allowed the writ petitions. These are State appeals against the judgment of the Gujarat High court. The learned counsel appearing for the State of Gujarat does not want us to go into the question regarding the validity of the government instructions. We, therefore, leave the question open without expressing any opinion either way.

(2.) The only contention raised by the learned counsel is based on the following directions issued by the High court: