HEMENDRAKUMAR R PATEL Vs. MAGANBHAI DAJIBHAI

JUDGEMENT

(1.) Heard Mr.A.R.Majmudar, learned advocate appearing on behalf of the petitioner and Ms.D.S.Pandit, learned AGP for respondent Nos.2-3. Though served, none appeared for respondent No.1.

(2.) In the present petition, this Court has issued RULE on 19th April, 1994 and granted interim relief in favour of the petitioner.

(3.) The brief facts giving rise to the present petition are that the petitioner is the owner of land situated at village Kamalapura, Block No.103, admeasuring 5 acres and 13 gunthas. The respondent No.3 - Mamlatdar in Ganot Case being Case No.2862/1983 by order dated 13th December, 1985 ordered that the transfer in favour of the present petitioner was in contravention of the provisions of the Bombay Tenancy Act and therefore, declared that the sale is invalid under the provisions of Section 84[c] of the Bombay Tenancy Act. The petitioner being aggrieved of the said order, preferred appeal before the Deputy Collector, Dahod. However, the Deputy Collector by his order passed in Appeal No.11/1986 set aside the order passed by the Mamlatdar and the matter was remanded back again to the Mamlatdar. Thereafter, in remand proceedings, the Mamlatdar came to conclusion that the transfer is illegal and sale was declared invalid and accordingly declared that sale is illegal on the ground that the sale is effected contrary to the tenancy law as the petitioner is not staying within the radius of 15 kms of the area. Again, against the said order of the Mamlatdar, appeal being Appeal No.3/87 was preferred before the Deputy Collector and the Deputy Collector, Dahod had also dismissed the appeal and confirmed the order passed by the Mamlatdar. Aggrieved by the order of the Deputy Collector, Dahod, the petitioner preferred Revision Application being TEN.B.A. No.371 / 87 before the Gujarat Revenue Tribunal. However, the said revision was also dismissed for default on 25-2-1991. Therefore, the petitioner has preferred Restoration Application being TEN.D.A. No.69/92 before Gujarat Revenue Tribunal and thereafter the Gujarat Revenue Tribunal by order dated 30th July, 1993 also rejected the said restoration application mainly on the ground that the restoration application was without any genuine ground. Therefore, the petitioner has challenged the order passed by the Gujarat Revenue Tribunal rejecting the restoration application in the present petition.