STATE OF GUJARAT Vs. LAXMANJI HEMAJI AND ANR

JUDGEMENT

(1.) BOTH the appeals are preferred against the order passed by the learned Single Judge in the concerned petitions, whereby the direction has been issued to the Mamlatdar to redetermine the price under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1947 (hereinafter referred to as 'the Act').

(2.) THE relevant facts are that the original Petitioners were asserting the claim over the land in question as tenant under the Act. The matter was referred to the Mamlatdar and ALT who ultimately conferred the status upon the original Petitioners as that of the tenant. Simultaneously, the purchase price was also required to be fixed by the Mamlatdar and ALT and the same was fixed at 200 times the revenue assessment with interest at the rate of 4.5% from 01.04.1957 till the date of the order. The original Petitioners being aggrieved by the order passed by the Mamlatdar and ALT to the extent of fixation of price at 200 times revenue assessment, preferred Special Civil Applications before this Court. The learned Single Judge found that since the original Petitioners were in possession and cultivating the land as tenant, the fixation of price at 200 times assessment is arbitrary and hence, he quashed the order of the Mamlatdar to that extent and has directed for reconsideration of the matter for fixation of price under Section 32G of the Act. It is under these circulated, the present appeal before this Court.

(3.) WE may record that the order passed by the learned Single Judge at the first instance was passed in Special Civil Application No. 8786/97 on 03.09.1998 and thereafter, in Special Civil Application No. 8985/97, the learned Single Judge has referred to the same order passed in Special Civil Application No. 8786/97 and has also remanded the matter to the Mamlatdar for fixation of the price under Section 32G of the Act. Hence, the State has approached to this Court against both the orders of the learned Single Judge in the present appeals.