KHETABHAI HINDUBHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The revenue authority while declaring the transaction to be hit by Section 54 of the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949 (for short "Ordinance") has placed reliance on the decision of this Court in the case of Bhakabhai Boghabhai Bharwad and others v. State of Gujarat and others rendered in the Special Civil Application No.7769 of 2010 decided on 08.07.2010 . The learned Single Judge of this Court observed in paragraphs No. 7 and 8 as under :

(2.) The learned Single Judge took the view that any transaction in breach of Section 54 of the Ordinance, 1949 is a nullity, and if that be then the Suo Motu power can be exercised at relevant point of time. It is brought to my notice that the above referred order of the learned Single Judge was carried in Letters Patent Appeal No.509 of 2013. The judgment of the learned Single Judge came to be quashed by the Appellate Court. The Division Bench observed in paragraphs No.3, 4 and 5 as under :

(3.) The issue, whether a 'Maldhari' would fall within the meaning of 'Agriculturist' is also at large before this Court in the Writ Petition (PIL) No.34 of 2011. A Division Bench of this Court, to which I was a party, passed the following order on 04.05.2011.