MOHMED YUSUF AJUMDDIN MALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition, the petitioner is aggrieved by the order dtd. 22/12/2020 so also the order dated 21/24/5/2021. Vide order dtd. 22/12/2020, the office of the Collector has rejected the NA application on the ground that there is an entry of Vajifoinam in the revenue record and the aspect of premium is involved. It is submitted that another application was filed by the petitioner dtd. 10/2/2021 which, came to be disposed of vide order dated 21/24/5/2021. The petitioner aggrieved, has filed the present writ petition. Considering the submissions made by the learned Advocate appearing for the petitioner, this Court has issued notice.

(2.) According to Mr. S.P. Majmudar, learned Advocate appearing for the petitioner, Sec. 87A, provides that provisions of Tenancy Act, shall not affect provisions of any of the Land Tenures Abolition Acts, specified in schedule III of the Act, and therefore, the provisions of the Tenancy Act shall not apply.

(3.) This Court requested the learned Assistant Government Pleader to take instructions. Mr. Nikunj Kanara, learned Assistant Government Pleader has placed on record the Government Resolution dtd. 27/5/2022. Upon instructions from Ms. Aarti Goswami, Mamlatdar, it has been stated that the State Government in its revenue department has issued the Government Resolution dtd. 27/5/2022 which is placed on record dealing with the tenure of the land under the Bombay Watwa Vajifdari Rights Abolition Act, 1950. Clause 6, summarizes the rights; according to which, the land of the Vajifdar is treated to be old tenure land.