PRABHATSING MANGALBHAI CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India, petitioner has prayed for appropriate writ, direction or order quashing and setting aside the impugned judgment and order dated 03.08.2007 passed by the Gujarat Revenue Tribunal in Revision Application No.TEN/BA/736/93 by which the Revenue Tribunal has dismissed the Revision Application confirming the order passed by the Deputy Collector (L.R.), Appeals, Kheda dated 13.08.1993 in Appeal No.623/1992.

(2.) Having heard Shri Devnani, learned advocate appearing on behalf of the petitioner and Shri Harnish Darji, learned advocate appearing on behalf of the private respondent and considering the impugned orders passed by the Deputy Collector as well as Gujarat Revenue Tribunal, it appears that dispute is with respect to land bearing survey No.216 ad-measuring 9 acres and 2 gunthas of land situated at village Bhadrasa, Taluka Thasra, District Kheda. Petitioner approached the Mamlatdar & ALT in the year 1992 under Section 70(b) of the Bombay Tenancy Act, claiming to be the tenant of 9 acres and 2 gunthas of land. That the Mamlatdar & ALT declared the applicant as tenant with respect to the land ad-measuring 9 acres and 2 gunthas of land bearing survey No.216 by order dated 21.08.1992 passed in Tenancy Case No.19/1992 which came to be challenged by the private respondent herein original landlord before the Deputy Collector (L.R.), Appeals, Kheda being Tenancy Appeal No.623/1992 and the Deputy Collector by his order dated 13.08.1993 allowed the said Appeal by quashing and setting aside the order passed by the Mamlatdar & ALT dated 21.08.1992 declaring the petitioner as tenant. Being aggrieved and dis-satisfied with the order passed by the Deputy Collector (L.R.), Appeals, Kheda dated 13.08.1993 in Appeal No.623/1992, petitioner preferred Revision Application No.731/1993 before the Gujarat Revenue Tribunal, which came to be dismissed by the learned Tribunal by the impugned judgment and order. Against which, petitioner has preferred the present Special Civil Application under Article 227 of the Constitution of India. It is to be noted that earlier the proceedings were initiated by three brothers of the petitioner to declare them as tenant with respect to the entire land bearing survey No.216 ad-measuring 13 acres and 2 gunthas of land which reached upto the Gujarat Revenue Tribunal and a compromise pursis was submitted before the Tribunal declaring that father of the petitioner was the tenant of only 4 acres of land and not with respect to the entire land bearing survey No.216 ad-measuring 13 acres and 2 gunthas of land and accordingly, the learned Tribunal disposed of the said proceedings declaring brothers of the petitioner as tenants with respect to 4 acres of land out of the land bearing survey No.216 only. It appears that thereafter, after a period of 9 years, petitioner initiated the proceedings before the Mamlatdar & ALT to declare him as tenant with respect to the remaining land bearing survey No.216 i.e. 9 acres and 2 gunthas. On appreciation of evidence, Deputy Collector (L.R.), Appeals, Kheda as well as Gujarat Revenue Tribunal and considering the documents on record, have specifically found and held that father of the petitioner was not cultivating the entire land bearing survey No.216 ad-measuring 13 acres and 2 gunthas but was cultivating only 4 acres of land. On appreciation of evidence, both the authorities below have also concurrently found that petitioner was never in possession of the disputed land in question. Both the authorities below also considered the fact that after a period of 9 years of the judgment of the learned Tribunal declaring brothers of the petitioner as tenants with respect to 4 acres of land, petitioner initiated proceedings under Section 70(b) of the Bombay Tenancy Act, both the authorities below i.e. Deputy Collector (L.R.), Appeals, Kheda as well as Gujarat Revenue Tribunal negated the case on behalf of the petitioner that his father cultivating entire land bearing survey No.216 and negated and rejected the application submitted by the petitioner to declare him as tenant with respect to remaining land of survey No.216 i.e. 9 acres and 2 gunthas. The aforesaid findings are on appreciation of evidence which are not required to be re-appreciated by this Court in exercise of powers under Article 227 of Constitution of India. No illegality has been committed by the Deputy Collector (L.R.), Appeals, Kheda as well as Gujarat Revenue Tribunal in rejecting the case of the petitioner as a tenant with respect to 9 acres and 2 gunthas of land bearing survey No.216.

(3.) In view of the above and for the reasons stated above, there is no substance in the present petition which deserves to be dismissed and is, accordingly, dismissed. Notice discharged.