MAGANBHAI DESAIBHAI PATEL Vs. RAMANBHAI HARMANBHAI

JUDGEMENT

(1.) The short facts that arise are that the respondent No. 1 entered into the transaction with the petitioner for agreement to sale and the possession of the said land was entrusted to the petitioner. The proceedings under Section 84-C under the Bombay Tenancy and Agricultural Lands Act (hereinafter referred to as 'the Act') were initiated on the ground that there is breach of provisions of Section 43 of the Act. On 4.3.1983, the Mamlatdar passed the order whereby, he observed that proceedings deserves to be dropped. Private respondents carried the matter in Appeal before the Deputy Collector and in Appeal, order of the Mamlatdar was set aside. The petitioner herein carried the matter in Revision before the Tribunal and the Tribunal, as per oder dated 11.4.1988, passed the following operative order:-

(2.) Thereafter, it appears that the Deputy Collector was pleased to initiate the proceedings. However, vide order dated 11.7.1988, the Deputy Collector found that there is breach of the provisions of Section 43 of the Act as well as Section 32R of the Act and therefore, he directed the Mamlatdar to initiate proceedings under Section 84-C of the Act. The petitioner carried the matter in Revision before the Tribunal once again and on 28.11.1995, the Tribunal passed the order of partly allowing the revision and directed the matter to be remanded to the Deputy Collector for deciding the matter under Section 32R of the Act. It is under these circumstances, the present petition.

(3.) Heard Mr. Patel for the petitioner, Mr. Jayraj Chauhan with Mr. Desai for respondent Nos. 1 to 5 and Mr. Chhaya, learned AGP for respondent Nos. 6 and 7.