RAMANLAL GULABEHAND SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals come before us on a reference by the Constitution Bench referring the question-whether the amendment of sec. 65 of the Bombay Tenancy and Agricultural Lands Act, 1948 by sec. 35(1) of the Bombay Act XIII of 1956, which added the words:

(2.) These are appeals against the judgment and order of the High Court of Gujarat, 4/5 May, 1966 from many petitions questioning the declaration made by the Deputy Collector, Bulsar under sec. 65 of the Act. Below is given the text of the section with the amended portion material to these appeals underlined. As a result of the declaration the appellants stand to lose possession of their lands. The facts on which the several declarations have come to be made may now be stated.

(3.) The appellants own and possess lands in the district of Bulsar and claim to carry on agricultural operation by raising and cutting grass used as fodder. They were served with notices under sec. 65 of the Act. A sample notice is Annexure 'B' to the petition of Ramanlal Gulabchand Shah in the High Court. It was issued from the office of the Deputy Collector on February 5, 1966 addressed to Ramanlal Gulabchand Shah, It read as follows :-