SANJAYBHAI INDUPRASAD BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard S/Shri A.J.Patel, Yogesh Ravani, P. J. Vyas, C.B.Dastoor, S.M.Shah, learned advocates for the petitioner in respective petitions and Mr.I.M. Pandya and Mr.L.R.Pujari, learned Astt. Govt Pleaders for the respondents in this group of petitions. In all group of petitions, wherein respondent authority has passed order while exercising powers under Section 65 of the Bombay Tenancy and Agricultural Lands Act, 1948 [hereinafter referred to as `the Act' for short ] are under challenge. Section 65 is relating to assumption of management of lands which remained uncultivated. In all these group of matters, RULE has been issued by this Court and interim relief has been granted by this Court which remains in operation till date.

(2.) The brief facts giving rise to each petition are as under :-

(3.) In all group of petitions, the main question which has been raised by the learned advocates for the respective petitioner is that while exercising powers under Section 65, the authority is duty bound to hold a detailed inquiry and the petitioner is entitled to reasonable opportunity to defend his case and without giving such opportunity by the authority, the order has been passed which adversely affected the right of the petitioners and the orders impugned in this group of petitions are against the principles of natural justice.