RANCHHODBHAI NAROTTAMBHAI PATEL Vs. ASSISTANT COLLECTOR

JUDGEMENT

(1.) SHRI C.J. Vin, learned counsel for the petitioner; Shri Dipen Desai, learned AGP for the respondents no. 1 to 4; none for the respondents no. 5 and 6 though served.

(2.) THE entry made in favour of the petitioner had been cancelled on two grounds, namely, that he is not an agriculturist and secondly that he does not hold any agricultural land within the periphery of 8 kilometers of the land purchased by him.

(3.) IT is not in dispute before me that during pendency of this writ application, Section 2[6] of the Bombay Tenancy and Agricultural Lands Act, defining "to cultivate personally" has been changed with retrospective effect and the law says that it would always be deemed that the amendment 'to have the land within periphery of 8 kilometers' has never come into action or force.