MALI HARJIBHAI CHELABHAI Vs. DY COLLECTOR

JUDGEMENT

(1.) THE present petition is filed by the petitioner under Articles 14, 226 and 227 of the Constitution of India as well as under the provisions of the Bombay Tenancy and Agricultural Land Act, 1948 for quashing and setting aside the order passed in Revision Application No.TEN/BA/286/93 by the Gujarat Revenue Tribunal, Ahmedabad dated 07.10.2009 on the grounds stated in the memo of petition.

(2.) LEARNED advocate, Shri Sheth referred to the order passed by the Mamlatdar and ALT in Tenancy Case No.339/1991 and submitted that the observations have been made that the respondent no.3 is not residing at Village : Rampur and entire transaction is hit by the provisions of Section 63 of the Tenancy Act as she was not an agriculturist. Learned advocate, Shri Sheth for that purpose referred to the provisions of the Tenancy Act and pointedly referred to the definition as provided under Section 2(2) of the Act, which reads as under:

(3.) LEARNED advocate, Shri Sheth also referred to Section 63 of the Tenancy Act for the said purpose. He therefore submitted that any transaction in favour of the nonagriculturist would be hit by the provisions of Section 63 of the Act. Learned advocate, Shri Sheth submitted that the proceedings under Section 84(C) of the Act were initiated and the petitioner has been granted the said land in exercise of powers under the Tenancy Act. He therefore submitted that the present petition may be allowed. He submitted that the respondent no.3 in those proceeding initiated by her did not join the petitioner as party and, therefore also, the order passed by the Tribunal is erroneous. He submitted that the petitioner ought to have been joined as party in order to decide the issue effectively and completely. In support of his submission, he has referred to and relied upon the judgment of the Hon'ble Apex Court in case of Udit Narain Singh Malpaharia Vs. Additional Member Board of Revenue, Bihar and Ors., 1963 AIR(SC) 786 and emphasized the observation made in para no.6.