BHIKHABHAI A JADAV Vs. VAIDYA GAMANLAL J

JUDGEMENT

(1.) The petitioners, aggrieved by the order passed by the 18-1-1985 and in review application in that very case bearing Review Application No. TE.C.A. No. 22 of 1985 which was decided on 14-2-1986, have approached this Court with this petition under Art. 227 of the Constitution of India.

(2.) The facts leading to the present litigation can be narrated thus :

(3.) Suo motu proceedings were initiated by the Mamlatdar and A.L.T. Nadiad under Sec. 32(1 B) of the Bombay Tenancy and Agricultural Lands Act, 1948 which were numbered as 8 of 1976 in respect of Survey No. 84/1/2 of Kanjri village, admeasuring 6 acres 29 Gunthas. The Mamlatdar and A.L.T., after considering the cases of rival sides, came to the conclusion that provisions of Sec. 32(1 B) of the Tenancy Act would not be applicable to the petitioners' case. The reasonings adopted by the Mamlatdar and A.L.T., for arriving at this conclusion are that in earlier proceedings under Sec. 32G, it was held that the petitioners could not establish that they were tenants of the land in question. It was also observed that by virtue of enactment of Gujarat Devasthan Inam Abolition Act, 1969 which came into force on 15-11-1969 and as on that day, the petitioners were not found to be tenants, they cannot be given benefits of provisions of Sec. 32(1 B) of the Tenancy Act. Aggrieved by this order, the petitioners approached the Deputy Collector by perferring Tenancy Appeal No. 55 of 1982. The Deputy Collector dismissed the appeal vide dated 14-12-1982. The order was then carried in revision before the Gujarat Revenue Tribunal which also came to be dismissed by the impugned order dated 18-1-1985 which was sought to be reviewed and the review application also came to be dismissed vide order dated 14-2-1986 and now, the petitioners are before this Court.