STATE OF GUJARAT Vs. NATHABHAI SHIVABHAI PRAJAPATI

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the State of Gujarat challenges the order dated 6th November, 1992 passed by the Gujarat Revenue Tribunal in Revision Application No. TEN/BA/464/92 whereby the Revision Application made by the respondents No.1 to 4 herein has been allowed and the order dated 12th July, 1991 in Tenancy Case No.442 of 1991 passed by the Mamlatdar & Agriculture Land Tribunal (Mamlatdar & ALT) as well as the order dated 21st April, 1992 passed by the Deputy Collector (Land Reforms), Appeal, Mehsana in Tenancy Appeal No.270 of 1991, confirming the order of the Mamlatdar & ALT have been set aside.

(2.) The facts giving rise to the present petition are that lands bearing survey No.523 of Mouje Aluva, Taluka: Kalol, (hereinafter referred to as the "subject lands") were standing in the name of one Shah Buddhisagar Nanalal. As per mutation entry No.1080 dated 2nd February, 1972, the name of one Shri Nathalal Shivabhai (respondent No.1 herein), resident of Limbodra was entered in the record of rights in respect of the subject lands on the basis of a consensual statement that the same had been sold to the said Nathalal Shivabhai eight years ago. The said entry was certified on 25th January, 1971.

(3.) It appears that the Collector, Mehsana by a communication dated 15/2/1991 informed the Mamlatdar & ALT that by virtue of a pencil entry names of Jashwantlal Popatlal and others, in all three persons (respondents No.2 to 4 herein) have been entered in the Village Form No.7/12 along with that of Prajapati Nathalal Shivabhai from the year 1977-78 and that, from 1978-79 to 1989-90, the names of the aforesaid three persons have been written in ink along with the name of Shri Nathalal Shivabhai. The Collector pointed out that the names of non-agriculturists have been entered in the revenue record and directed the Mamlatdar & ALT to initiate proceedings under Section 84-C of the Bombay Tenancy and Agricultural Lands Act, 1948 (the Act) for violation of provisions of Section 63 of the Act.