MELABHAI LAKHABHAI Vs. COLLECTOR

JUDGEMENT

(1.) THE petitioners who were holders of agricultural land bearing Survey no. 469/1-Part admeasuring 36 acres and 42 guntas of village Sherkhi, Taluka, District Vadodara, wanted to transfer and effect sale of the said lands to Mr. Chandravadanbhai Keshavlal Shah, and therefore, they had applied to the Collector , Vadodara, for obtaining prior sanction as required under Section 43 of the Bombay Tenancy and Agricultural Lands Act, 1948 since the said lands were shown in the Government record as new tenure lands. Thereupon, the Collector after holding local inquiry passed an order dated 23-9-1993 (produced at Annexure A to the petition) directing the petitioners to deposit an amount of Rs. 90,767-50 into the Government Treasury and also to produce the original challan after which necessary further orders regarding permission would be passed. The petitioners being aggrieved by and dissatisfied with the said order preferred a Revision Application no. 770/93 under Section 76 of the Bombay Tenancy and Agricultural Lands Act, 1948 before the Gujarat Revenue Tribunal who by his order dated 21st February, 1997 (produced at Annexure C to the petition) dismissed the said Revision Application and confirmed the order passed by the Collector, Vadodara. The aforesaid two orders are the subject matter of challenge in the present petition filed under Article 226 of the Constitution of India.

(2.) HEARD learned Advocate Mr. P. M. Bhatt for the petitioners and learned A. G. P. Ms. Archana Raval for the respondents.

(3.) LEARNED A. G. P. Ms. Archana Raval on the other hand submitted that the Collector was perfectly justified in passing the impugned order by taking into consideration the Government Resolutions/circulars/guidelines which were in force at the relevant time and that the order of the Collector is quite legal and proper which does not require any interference by this Court.