B N KHACHAR Vs. DEPUTY COLLECTOR RAJKOT

JUDGEMENT

(1.) The order passed by the Deputy Collector at Rajkot (`the First Authority for convenience) on 22/02/1987 in Remand Case No. 325 as substantially affirmed in revision by the decision rendered by the Gujarat Revenue Tribunal at Ahmedabad (`the Tribunal for convenience) on 28/07/1989 in Revision Application No. TEN.B.R. 16 of 1987 is under challenge in this petition under Article 227 of the Constitution of India. By his impugned order the First Authority substantially rejected the petitioners application under Section 8 of the Gujarat Agricultural Lands Ceiling Act 1960 (`the Act for brief) for declaration that transfer of some five parcels of land by him on five different dates were not with a view to defeating the object thereof.

(2.) The facts giving rise to this petition move in a narrow compass. The petitioner possessed several parcels of land. He sold away some of them. The particulars of his transfer are tabularised in the order passed by the First Authority and I do not propose to burden this judgment of mine by repeating it. On coming into force of Gujarat Act No. 2 of 1974 the petitioner was required to obtain the necessary declaration by making an appropriate application under Section 8(2) of the Act. He made such application on 6/09/1976 It was rejected by the First Authority by his order passed on 10/05/1977. That order came to be upset by the Tribunal in revision by its decision rendered on 20/01/1981 in Revision Application No. TEN.B.R. 9 of 1981 and the matter was remanded to the First Authority for his fresh decision according to law. Thereupon it came to be registered as Remand Case No. 325. By his order passed on 2 2/02/1987 in Remand Case No. 325 the First Authority again substantially rejected the petitioners application. It may be mentioned that the declaration sought for was granted with respect to one parcel of land bearing Survey No. 22 Paiki admeasuring 10 acres 30 gunthas by means of the registered Sale Deed executed on 2 9/01/1968 in favour of Bhojbhai Lakhabhai. The declaration sought for in respect of the other four parcels of land was rejected. A copy of the aforesaid order passed by the First Authority on 22/02/1987 is at Annexure-A to this petition. The aggrieved petitioner thereupon carried the matter in revision before the Tribunal by means of his Revision Application No. TEN.B.A. 16 of 1987. By its decision rendered on 28/07/1989 in the aforesaid revisional application the Tribunal partly accepted it and granted the necessary declaration with respect to another parcel of land bearing Survey No. 146/1 admeasuring 4 acres 36 gunthas sold by the registered Sale Deed executed on 17/04/1974 in favour of Mojiram Narbheram. The declaration sought for with respect to the remaining three parcels of land was rejected. Its copy is at Annexure-B to this petition. The aggrieved petitioner has thereupon moved this Court by means of this petition under Article 227 of the Constitution of India for questioning the correctness of the order at Annexure-A to this petition as substantially affirmed in revision by the impugned decision at Annexure-B to this petition.

(3.) In order to ascertain whether or not a transfer of agricultural land by a party during the period from 24/01/1971 and 1/04/1976 was with a view to defeating the object of the Act what is required to be seen is whether or not the transaction was bona fide and genuine. A transaction can be said to be bona fide and genuine if it does not smack of any manipulation or manoeuvring or is not by way of camouflage. If it is tainted with any of the aforesaid three or like vices it cannot be branded as genuine or bona fide.