CHAUDHARY JESANGBHAI MOGHJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution of India seeking direction to the respondent No.2 i.e., Mamlatdar and Agricultural Lands Tribunal, Dascroi Taluka, Ahmedabad, to decide the petitioner's application under Section 70(b) read with Section 22(o) of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short "the Act") in accordance with law and after holding trial as per the procedure laid down under the law. The petitioner has also prayed for an interim relief to the effect that the respondents may be directed to maintain status-quo and not to proceed further to allot commercial shops built upon the land in dispute to any person.

(2.) It is the case of the petitioner that the petitioner is a farmer having engaged in cultivation of different seasonal crops. The petitioner is having tenancy rights over the land bearing Survey No. 185/1 of Village Acher, District-Ahmedabad and cultivating the said land since 1995-96. The petitioner was dispossessed from the said land by the respondent and therefore the petitioner had filed an application on 22.4.1999 before the Mamlatdar & ALT, Dascroi under Section 70(b) of the Act for deciding the tenancy rights of the petitioner. The petitioner has also filed an application for interim relief under Section 70(nb) of the Act. However, the petitioner's application for interim relief was rejected by the Mamlatdar & ALT, vide his order dated 29.9.1999. The petitioner has also alleged that the Mamlatdar also rejected the application under Section 70(b) of the Act without following trial or without adopting rules and procedures as laid down under the Mamlatdar's Court Act. Being aggrieved by the said order of the Mamlatdar & ALT, the petitioner had filed Tenancy Appeal No. 122 of 1999 before the Deputy Collector, who, vide his order dated 2nd February 2000, has confirmed the order of the Mamlatdar and ALT. Being further aggrieved by the said order of the Deputy Collector, the petitioner had filed Revision Application No. TEN/B.A./65/2000 before the Gujarat Revenue Tribunal, which was rejected by the Tribunal vide its order dated 31st January 2001 and the orders passed by the Mamlatdar as well as the Deputy Collector were confirmed.

(3.) Being further aggrieved by the said order of the Tribunal, the petitioner has filed Special Civil Application No. 1371 of 2001 and it was contended by the petitioner before this Court that the application made by the petitioner under Section 70(b) of the Act is required to be tried in the manner prescribed under the Mamlatdar's Court Act, 1906. However, without following the due procedure, in the course of hearing of Tenancy Application under Sec. 70(nb), the Mamlatdar & ALT had decided the entire application under Sec. 70(b) of the Act and since the same was the manifest error committed by the Mamlatdar and since the orders passed by the Deputy Collector as well as the Gujarat Revenue Tribunal based on the said order of the Mamlatdar, this Court has allowed the said Special Civil Application and directed the Mamlatdar to decide the petitioner's application under Section 70(b) of the Act in accordance with the procedure as laid down in the Mamlatdar's Court Act.