AMBALAL SOMABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri K.P.Raval, Learned AGP waives of rule on behalf of the respondents. With the consent of the parties, the matter is taken up for final hearing today.

(2.) In the present Special Civil Application under Article 226 of the Constitution of India, the petitioners have challenged the order passed by the Mamlatdar and ALT, Vadodara dated 5.4.2002 confirmed by the State Government in Revision Application by its order dated 21.5.2003 by which the application of the petitioners for declaration of permanent tenant under Section 70(o) of the Bombay Tenancy & Agricultural Lands Act, 1948 (hereinafter referred to as the "Act") has been rejected.

(3.) It is the case of the petitioners that the father of the petitioners i.e. Somabhai Bhikhabhai Parmar was cultivating land bearing R.S.No.1033 paiki admeasuring 2 acres and 27 gunthas of land situated at Village Bapod, Taluka District Vadodara and they are the heirs of deceased Somabhai and as Somabhai was a tenant of the land in question prior to commencement of the Act for a period of more than 10 years, the petitioners were entitled to get declaration of permanent tenant under Section 70(o) of the Act and accordingly, the petitioners have moved an application before the respondent no.2 Mamlatdar and ALT, Vadodara for a declaration of permanent tenant under Section 70(o) of the Act. It is the case of the petitioners that alongwith the said application, the petitioners have produced all the relevant documentary evidence showing that the father of the petitioners were cultivating the land in question as a tenant for a period of more than 30 to 40 years. Inspite of the aforesaid facts, the respondent no.2 by its order dated 5.4.2002 dismissed the said application by holding that there is no evidence on record to prove that the forefathers of the petitioners were cultivating land bearing S.No.1033 as a tenant for a period between 1.1.1936 to 1.8.1956 and/or for 10 years.