STATE OF GUJARAT Vs. RAMJI DEVJIBHAI RABARI

JUDGEMENT

(1.) Pursuant to the order passed by this Court on 03.10.2006 in Civil Application No. 10887 of 2006, Civil Application No. 10888 of 2006, the main matters are finally heard today.

(2.) The short facts of the case are that the respondent No.2 Laxmidas Mohanlal Patel (hereinafter referred to as the original holder of 'the land I vendor') was the owner of various lands situated at Danteshwar Taluka, Vadodara. The respondent No.1 Ramji Devjibhai Rabari (hereinafter referred to as 'the purchaser'), in the revenue proceedings was shown as tenant of the land and before the proceedings were finalised under the provisions of the Bombay Tenancy and Agricultural Lands Act (hereinafter referred to as 'the Act'), by Registered Sale Deed dated 04.05.1961, the land was purchased by respondent No.l from respondent No.2. It appears that thereafter, in the tenancy proceedings being No. 16 of 1967, the factum regarding transfer of the land by Registered Sale Deed was considered by the Mamlatdar & ALT and vide order dated 29.06.1986, fine was imposed of Rs. 1/ - and the sale was treated as bonafide and pursuant to the same, revenue entry was also mutated. However, when the revenue entry was mutated, it was mentioned by the Revenue Secretary that the land is subject to restriction under Section 43 of the Act. As the aforesaid noting in the revenue record was to create a clog over the property of the purchaser namely Ramji Devjibhai Rabari, who was also in the tenancy proceedings described as tenant, an application was moved by him to the Mamlatdar & ALT for deleting the restriction under Section 43 of the Act recorded in the entry No. 1654 for the registered Sale Deed. The proceedings were treated as Tenancy Case No. 80/93 by the Mamlatdar & ALT and on 03.08.1993, the Mamlatdar and ALT dismissed the application observing that when the entry was mutated, the purchaser did not challenge the same.

(3.) It appears that the purchaser, respondent No.1 herein carried the matter before the Assistant Collector in Tenancy Appeal No. 118/93 and the said appeal came to be dismissed on 31.03.1995. The purchaser, respondent No.l herein further carried the matter before the Gujarat Revenue Tribunal being TEN:BA:321/96 and the Tribunal delivered Judgment on 10.04.2002, whereby the revision is allowed and the order of the Mamlatdar as well as of the Assistant Collector is set aside and it is declared that as the sale is regularised, the restriction imposed over the land shall stand cancelled. It is under these circumstances, the State Government has approached to this Court by preferring Special Civil Application No. 9848 of 2003.