VISHNUBHAI AMBALAL PATEL Vs. SHANKERJI PNJJAJI THAKORE

JUDGEMENT

(1.) Both these petitions challenge two orders passed by the Gujarat Revenue Tribunal (hereinafter referred to as 'the Tribunal') under Section 76 of the Bombay Tenancy And Agricultural Lands Act, 1948 (hereinafter referred to as 'Tenancy Act') in respect of two adjoining parcels of land being block numbers 261 and 260 (respectively) admeasuring 1 acre and 38 gunthas and H.0-79 Ares 68 sqmts in village Kudasan of Taluka and District Gandhinagar purchased by the same petitioner from the same respondent under two separate registered sale deeds dated 21/01/1981.

(2.) . Since the provisions of Section 63 of the Tenancy Act impose a restriction that agricultural land cannot be sold in favour of a person who is not an agriculturist, the petitioner had relied upon the petitioner's possessing land bearing Survey No. 185 of village Memnagar in Taluka Ahmedabad City and District Ahmedabad which the petitioner was holding since 1960. However, the Mamlatdar and Agricultural Land Tribunal, Gandhinagar initiated proceedings under Section 84-C of the Tenancy Act being Tenancy Case Nos. 2547 and 2546 of 1982 on the ground that both the transactions of sale dated January 21, 1981 were in violation of Section 63 read with Section 2(2) and 2(6) of the Tenancy Act. The petitioner's appeals being Appeal Nos. 201 of 1983 and 203 of 1983 (respectively) were dismissed by the Prant Officer or the Deputy Collector. The petitioner accordingly filed two separate revision applications before the Tribunal.

(3.) . As far as the land bearing block No. 261 is concerned, revision application No. 87 of 1984 came to be dismissed by the Tribunal vide its judgement and order dated 8/04/1986. The said judgement is challenged in Special Civil Application No. 5668 of 1986. While admitting the petition on 23/10/1986, this Court granted ad-interim stay of operation, implementation and execution of the orders passed by the Tribunal, the appellate officer and the Mamlatdar and Agricultural Land Tribunal. The petitioner accordingly continues to remain in possession of the land bearing block No. 261.