SHAMALSHA GIRDHARI COMPANY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, by filing this petition under Art. 226/227 of the Constitution of India, has challenged the order passed by the Gujarat Revenue Tribunal in Revision Application No. TEN BA 236/81 by which the GRT has confirmed the orders of the Deputy Collector as well as the Mamlatdar.

(2.) It is the case of the petitioner that he is holding certain agricultural land in the State of Karnataka and he has purchased certain agricultural land in the State of Gujarat and sale deed was executed in his favour. At the time of purchase, relevant entry to that effect was posted in the revenue record. The authorities found that the transaction in question is contrary to the provisions of Sec. 63 of the Bombay Tenancy and Agricultural Lands Act, 1948 ('the Act' for short) and, therefore, proceedings under Sec. 84-C were initiated by the Mamlatdar, Valsad. The aforesaid proceedings were number as Tenancy case 94-C/4704/78. After hearing the concerned parties, the Mamlatdar and ALT, Valsad vide order dated 20th January 1979 came to the conclusion that the purchaser, i.e., the petitioner was holding certain agricultural land in Karnataka but he has no agricultural land in Gujarat and, therefore, he cannot purchase any agricultural land in the State of Gujarat. In that view of the matter, it was found that the transaction was contrary to the provisions of the Tenancy Act and accordingly, order was passed.

(3.) The aforesaid order was carried in appeal by the petitioner before the Deputy Collector, Valsad. The said appeal was registered as Tenancy Appeal No. 92 of 1980. The Deputy Collector confirmed the order of the Mamlatdar and dismissed the appeal.