RASIKLAL AMRITLAL DOSHI AND Vs. STATE OF GUJARAT

JUDGEMENT

(1.) (The Hon'ble Court after stating facts further observed: )

(2.) Before we embark upon the examination of the relevant provisions of the Bombay (Saurashtra Area) Aghat Tenure and Ijaras Abolition Act from the standpoint of the submissions urged before us we consider it expedient to refer to a decision rendered by a Division Bench of this High Court in regard to the vires of the Abolition Act itself. In Joshi Jayantilal Laxmishankar v. The Gujarat State & others 2 G.L.R. 454 the vires of the Abolition Act were questioned by a person holding an ijara in the State of Navanagar. The High Court formed the opinion that the protection of Article 31A of the Constitution of India was available to render the Abolition Act immune from any challenge on the ground of infringement of fundamental rights having regard to the fact that the Abolition Act was designed to get rid of all the intermediaries between the State and the tiller of the soil and that it was a legislation for promoting agrarian reforms. In order to illustrate the ratio of the said decision a passage from it may be quoted:

(3.) It is true that the Abolition Act was examined substantially from the standpoint of the abolition of ijaras in Jayantilal's case. All the same the observations made in regard to the perspective of the Act may be imbibed with benefit even for the purposes of examining the very same Act from the standpoint of the abolition of aghat rights.