NATHUBHAI KANJIBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) WE have heard Mr. N.V. Gandhi, learned counsel appearing for the appellant and Ms. Monali Bhatt, learned Assistant Government Pleader appearing for respondent No.1. Respondent No.2 had died and his heirs have been substituted as respondent Nos.2.1 to 2.3. Despite service of notice, they have not appeared nor filed any reply.

(2.) THE present Letters Patent Appeal has been filed by the appellant ­ original petitioner challenging the judgment and order dated 20.9.2007 passed by the learned Single Judge in Special Civil Application No.24234 of 2007 whereby the writ petition of the appellant came to be dismissed.

(3.) IN 1989, the Mamlatdar registered a suo-motu case against the appellant being Tenancy Case No.887 of 1989 and on 2.5.1991, issued notice under Section 84 (c) of the Bombay Tenancy & Agricultural Lands Act, 1948 (hereinafter referred to as 'the Tenancy Act'). In response to the said notice, the appellant appeared before the Mamlatdar and submitted his reply. The Mamlatdar passed an order on 29.5.1991 holding that the transaction of sale of the land in question in favour of the appellant was in violation of the provisions of Section 63 of the Tenancy Act as there is no evidence produced by the appellant that he is an agriculturist on the date of purchase of the land in question. However, on the same day, the appellant produced necessary evidence that he is an agriculturist and in that view of the matter, the Mamlatdar recalled his order dated 29.5.1991 and passed amended order on the same day i.e. 29.5.1991 which is quoted below for ready reference :-