THAKOR SHIVAJI TAKHAJI Vs. PUSHPABEN

JUDGEMENT

(1.) BY way of this petition, the petitioner has prayed for quashing and setting aside the order dated 13.04.1999 passed by the Gujarat Revenue Tribunal in Revision Application No.4 of 1991 whereby the Tribunal dismissed the said revision application filed by the petitioner and confirmed the order dated 27.11.1990 passed by the Deputy Collector, Land Reforms, Mehsana in Case No.Tenancy/Review/105/87 whereby the Deputy Collector remanded the matter to the Mamlatdar & ALT for fresh inquiry and to decide the matter afresh in accordance with law.

(2.) THE fact of the case in brief is that the petitioner claims tenancy right on the agricultural land bearing Survey No.664 admeasuring 5 Acres 2 Gunthas of village Siddhpur, Tal. Siddhpur, Dist. Mehsana and that the said land had been subsequently (in the year 1966 67) sold to him by the respondent No.1, the original occupant, directly through Regd. Sale Deed and thereby the petitioner had become the owner of the land. THE aforesaid land was originally allocated to the respondent No.1 by the State Government by order dated 30.11.1968. However, prior to that in 1966 67, the petitioner claiming to be tenant had purchased this land directly from respondent No.1 and Entry No.3023 was duly posted and certified by the revenue authorities. Inspite of this, the Mamlatdar & ALT, Siddhpur initiated proceedings under Section 84C by registering Tenancy Case No.84C/3488/1986 on the aforesaid transfer and sale of the land to the petitioner by respondent No.1 was in violation of the provisions of the Act and after completion of this proceedings, the Mamlatdar & ALT vide his order dated 29.09.1986 regularized the possession of the land by petitioner as tenant on payment of token price of Rs.1/-.

(3.) I have heard Mr. B. S. Supehia, learned counsel appearing for the petitioner.