KANBI NAGJIBHAI MOHANBHAI Vs. ASSISTANT COLLECTOR

JUDGEMENT

(1.) SHRI Biren A. Vaishnav, learned counsel for the petitioner; Shri A.Y. Kogje, learned AGP for the respondents.

(2.) THE petitioner being aggrieved by the order dated 22nd May, 1990 passed in Tenancy Case No. 5/88 by the learned Additional Collector, Tharad is before this Court.

(3.) THE petitioner is owner of land survey no. 138. Talati cum Mantri submitted a report to the Additional Collector that the land remained uncultivated for a period of more than two years, therefore, appropriate action under Section 65 of the Bombay Tenancy and Agricultural Lands Act, 1948 be taken. The Additional Collector issued notice to the petitioner to show cause that why appropriate action be not taken against him and property be not taken in the management of the government. The petitioner filed his reply and submitted that because of drought condition and as the land was on high altitude, he could not cultivate the land and the conditions were beyond his control. Learned Additional Collector, relying upon the report submitted by Talati cum Mantri held that for the years 1985 -86 and 1986 -87, no agricultural operations were carried on in the land and the land remained uncultivated. He accordingly directed that the land be taken in the management of the government. Being aggrieved by the said order, the petitioner preferred a revision application before the Revenue Tribunal, but the said Revision Application No. TEN.B.A. 567/90 came to be dismissed on 5.1.95 on the ground that the Tribunal had no jurisdiction to entertain the said revision application. In view of the said order passed by the Tribunal, the petitioner is before this Court.