SHANABHAI SHIVABHAI THAKORE Vs. MUKESHBHAI RAMANBHAI

JUDGEMENT

(1.) Can the Mamlatdar acting as a statutory authority under sec. 88C of the Bombay Tenancy and Agricultural Lands Act 1948 (the Act) certify that the income of a landlord-owner does not exceed Rs. 1506.00 without holding any inquiry and without gathering any material merely because a tenant states that he has no objection to the grant of such certificate ? That is the question which emerges in this petition under Art. 227 of the Constitution of India directed against a certificate granted by the Mamlatdar of Borsad at Annexure A on October 5 1971 as confirmed by the Deputy Collector at Annexure B dated February 3 1972 as confirmed by the Gujarat Revenue Tribunal (GRT) as per order at Annexure C dated July 25 1972

(2.) Sec. 88C deserves to be quoted in order to appreciate the point raised in this petition in its proper perspective :

(3.) The petitioner must therefore succeed. The order at Annexue A as confirmed by the order at Annexure B as confirmed by the order at Annexure C is quashed and set aside. The matter will now go back to the Mamlatdar with a direction to hold an appropriate inquiry and after record ing a statement of the land owner and after gathering such material as he may consider necessary to pass an appropriate order. Of course the Mamlatdar will have to issue a notice to the tenant to remain present at the inquiry and to afford him reasonable opportunity to produce such material as he may desire to produce besides subjecting the land-owner and his witnesses to cross-examination. The petition is allowed. Rule is made absolute. There will be no order regarding costs. Petition allowed.