PATEL NAROTTAMBHAI RANCHHODDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned Advocates

(2.) The petitioner challenges the judgment and order dated 5th September, 1991 passed by the learned Gujarat Revenue Tribunal in Revision Application No. TEN:BA:261 of 1989

(3.) The petitioner was a tenant of land bearing Survey No. 1035 admeasuring 1 Acre 8 Gunthas and land bearing Survey No. 1036 admeasuring 1 Acre 16 Gunthas situated at Mehsana which belonged to one Charitable Trust - Shree Hanuman Sanstha. Upon enactment of Sec. 88-E of the Bombay Tenancy & Agricultural Lands Act, 1948 (hereinafter referred to as, 'the Act'), the petitioner, on the specified date (i.e., 15th November, 1969) became deemed purchaser of the said lands and the provisions of Sec. 32 to 32-R (both inclusive) became applicable. Since then, pursuant to the proceedings under Sec. 32-G of the Act, by order dated 30th November, 1971 made by the Mamlatdar & Agricultural Lands Tribunal, the petitioner was declared to be the owner and the price of the lands was determined. The ownership of the petitioner of the said lands was declared to be of 'restrictive tenure' subject to Sec. 43 of the Act. The said order insofar as it made the petitioner's holding to be of restrictive tenure was challenged by the petitioner in Tenancy Appeal No. 15 of 1988 before the Prant Officer. The Prant Officer, Mehsana by his order dated 15th October, 1988 held that since the amendment to Sec. 43 of the Act, the petitioner's holding of the said lands became subject to the restrictions envisaged under Sec. 43 of the Act. Feeling aggrieved, the petitioner preferred the above revision application before the Revenue Tribunal, which, by the judgment and order dated 5th September, 1991 confirmed the order of the Prant Officer, Mehsana. Feeling aggrieved, the petitioner has preferred the present petition