ABDUL AZIZ UMARBHAI KARKOON Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The question arising in this petition is a short one and involves the construction of section 20 of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, XVI of 1960, whereby the State Legislature of Gujarat added clause (mb) in section 74(1) of the Bombay Tenancy and Agricultural Lands Act, 1948. Since the question arising in this petition also arises in other petitions pending in this Court, we thought it advisable to hear, besides Mr. Parghi who appears for the petitioners in the present petition, Messrs M. H. Chhatrapati, P. D. Desai, V. J. Desai and R. M. Vin, who are the advocates interested in those other allied petitions.

(2.) The petitioners in this petition are the owners of and landlords in respect of survey No. 45 of village Aminpur, District Sabarkantha, admeasuring 2 acres and 19 gunthas. In an enquiry held under sec. 32G of the Act, the Agricultural Lands Tribunal by an order dated September 21,1959, determined the price of the said land at Rs. 1000/ and that of a well situate therein at Rs. 800.00. Not satisfied with this decision, the petitioners filed an appeal, being Appeal No. 8 of 1959 under sec. 32J. The Collector of Sabarkantha District heard the appeal and dismissed it by his order dated February 1, 1960. Thereupon the petitioners filed a revision application, being Revision Application No. 452 of 1960, before the Gujarat Revenue Tribunal, which, along with several other such revision applications, rejected it by its order dated July 13, 1961 on the ground that no such revision lay before that Tribunal under sec. 76 of the Act against an order in appeal passed under sec. 32J. The instant petition challenges the correctness of that order.

(3.) In order to appreciate the rival contentions urged before us, it is necessary to appreciate first the relevant provisions of the Act as also clause (mb) of sec. 74(1) inserted therein by Gujarat Act XVI of 1960. Sec. 32(1) provides that on the first day of April 1957, therein called the tillers' day, every tenant, subject to certain other provisions of the Act, is deemed to have purchased from his landlord the land held by him as tenant. Sub-sec. (3) of sec. 32 provides that in respect of the land so deemed to have been purchased by a tenant, the tenant shall continue to be liable to pay to the landlord the rent of such land and the landlord shall continue to be liable to pay to the State Government the dues, if any, referred to in clauses (a), (b), (c) and (d) of sec. 10A(1), where the tenant is not liable to pay such dues under sub-sec. (3) of that section until the amount of the purchase price payable by the tenant to the land lord is determined under sec. 32H. Sec. 32G then provides for the procedure for determining the purchase price. Under sub-sec. (1) thereof, it is provided that the Tribunal shall, as soon as may be after the tillers' day, publish or cause to be published a public notice in each village within its jurisdiction, calling upon all tenants, who, under sec. 32 are deemed to have purchased the lands, all landlords of such land and all other persons interested therein, to appear before it on the date specified in the notice. It also provided that the Tribunal shall issue a notice individually to each tenant, landlord and also other persons calling upon each of them to appear before it on the date specified in the public notice. The Tribunal referred to in sub-sec. (1) of sec. 32G is the Agricultural Lands Tribunal constituted under sec. 67 and as defined by sec. 2(19). Under sub-sec. (2), the Tribunal has to record the statement of the tenant whether he is or he is not willing to purchase the land held by him as a tenant. Sub-sec. (3) provides that if a tenant fails to appear or makes a statement that he is not willing to purchase the land, the Tribunal shall by an order in writing declare that such tenant is not willing to purchase the land and that the purchase is ineffective. But the proviso to that sub-section provides that if such an order is passed the Tribunal shall communicate such order to the parties and any party on whose default the order has been passed may within sixty days from the date on which such order was communicated to him, apply for the review of the same. Sub-sec. (4) provides that if a tenant is willing to purchase, the tribunal shall, after giving an opportunity to the tenant and the landlord and all other persons interested in such land to be heard and after holding an enquiry, determine the purchase price of such land in accordance with the provisions of sec. 32H and of sub sec. (3) of sec. 63A the proviso to that sub-section nays down that where the purchase price in accordance with the provisions of sec. 32H is mutually agreed upon by the landlord and the tenant, the Tribunal, after satisfying itself that the tenant's consent to the agreement was voluntary, may make an order determining the purchase price and providing for its payment in accordance with such agreement. Sec. 32H lays down the basis for reckoning the purchase price. Sec. 32J, with which we are immediately concerned in this petition along with sec. 74(1)(mb), provided that any person aggrieved by the decision of the Agricultural Lands Tribunal determining the amount of the purchase price may appeal to the State Government against such decision and the State Government shall, after giving an Opportunity to the parties to be heard, decide such an appeal. Sub-sec (2) of sec. 32J makes the decision of the Tribunal subject to an appeal to the State Government and the decision of the State Government on appeal final. Two things emerge clearly from sec. 32J :-- (1) that the right of appeal against the Tribunal's decision determining the purchase price under sec. 32G lies to the State Government only, and (2) there is no appeal provided under sec. 32J except an appeal from a decision of the Tribunal determining the purchase price. In other words, no appeal is provided for in sec. 32J in respect of orders or decisions of the Tribunal other than those determining the purchase price under section 32G. Chapter VI of the Act deals inter alia with the procedure and jurisdiction of the Agricultural Lands Tribunal and appeals from its orders. As aforesaid, sec. 67 in that Chapter provides for the constitution of the Agricultural Lands Tribunal. Sec. 68 provides for the duties of such Tribunals and clause (b) thereof lays down the duty to determine the purchase price of lands under sec. 32G, sec. 63A and sec. 64. The section further provides that the Tribunal has also to decide any dispute arising under secs. 32 to 32R (both inclusive) and to perform such other functions in carrying out the provisions of the Act as may be prescribed or directed by the State Government. Sec. 74 provides for appeals before the Collector against orders therein enumerated passed by the Mamlatdar and the Agricultural Lands Tribunal.