MIYABHAI UMARBHAI CHAUHAN DECD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Desai, learned AGP waives service of notice of Rule for Respondents No.1, 2, and 3. The other respondents, though served, have not appeared, but it has been stated by the learned Counsel for the petitioner that they are supporting the petitioner.

(2.) The petitioner in this petition has challenged the order passed by the Mamlatdar and its confirmation by the Dy. Collector and by the Revenue Tribunal, whereby it has been held that the land shall be subject to the restriction under Section 43 of the Bombay Tenancy and Agricultural Lands Act (hereinafter referred to as "the Act").

(3.) As regards the facts of the present case are concerned, it appears that the proceedings under the Act were initiated and the petitioner became deemed purchaser and before the proceedings could be finalised on 28.11.1965 the landlord executed the registered sale deed in favour of the tenant and the ownership was transferred. In the year 1984 the proceedings were initiated by the Mamlatdar and ultimately he came to the conclusion that the sale by the landlord in favour of the tenant is regularised by taking penalty of Re.1, but it was observed that the right of the purchaser of the land under the Act shall be subject to the restrictions under Section 43 of the Act. The matter was carried before the Dy. Collector and thereafter before the Tribunal, both the orders were confirmed and it is under these circumstances, the petitioner has approached this Court by the present petition.