BALUBHA MOHABATSINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Interestingly, the interpretation and applicability of the provisions of law relating to review analogous to Order 47 Rules 1 and 5 of the Civil Procedure Code, 1908, (Code) are the main questions which are raised. In short, whether a successor in office is competent to review the judgment, order or decision is the sole, but substantial issue which has surfaced in these two petitions. Since both the petitions raise important but identical question, they are being disposed of by this common judgment.

(2.) The petitioners who are agriculturists holding agricultural lands had submitted information under Sec. 10 of the Gujarat Agriculural Lands Ceiling Act, 1961 (G.A.L.C. Act) on coming into force of it. Thereupon, the concerned Mamlatdar and A.L.T. after holding an inquiry held that they are holding land in excess of the ceiling area. The petitioners carried the matter before the Gujarat Revenue Tribunal. The petitioners lost in the revisions before the Gujarat Revenue Tribunal. The petitioners, thereafter, submitted review applications which came to be rejected by the Gujarat Revenue Tribunal on the gound that review applications which have been filed by the petitioners against the judgment and orders of the President of the Tribunal who was no longer available and same could not be entertained by the successor.

(3.) The petitioners being dissatisfied by the impugned orders of the Tribunal in review applications have, now, come up before this Court challenging the legality and validity of the said orders by filing these petitions under Arts. 226 and 227 of the Constitution of India. The Gujarat Revenue Tribunal is constituted under Sec. 3 of the Bombay Revenue Tribunal Act, 1957 (B.R.T. Act). The provision about the jurisdiction of the Tribunal is made in Sec. 9 of the B.R.T. Act. The petitioners have challenged the impugned orders of the Gujarat Revenue Tribunal refusing to review the orders passed in revision under Sec. 38 of the G.A.L.C. Act. Section 38 of the G.A.L.C. Act provides revisional jurisdiction of the Gujarat Revenue Tribunal.