BALUBHAI LALABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr.J.K. Shah, learned Assistant Government Pleader waives service of Rule on behalf of the respondents. In the facts and circumstances of the case, and with the consent of the learned counsel for the parties, the matter is taken up for final hearing today.

(2.) THIS petition has been filed by the petitioner with the following prayers: -

(3.) BRIEFLY stated, the facts of the case are that, the petitioner is the owner and possessor of land bearing Survey No.21/2, Revision Survey No.18/4 of Village: Magdalla, Taluka Choryasi (now City), District: Surat, admeasuring about 10724 sq.mtrs. It is the case of the petitioner that the respondent No.5 i.e. the Additional Mamlatdar and ALT (Tenancy), Choryasi, passed an order dated 18.4.2002, in Tenancy Case No.33/2001 under Section 70(o) of the Bombay Tenancy and Agricultural Lands Act, 1948 ("the Act" for short), declaring the petitioner as permanent tenant, and thereby removing the restrictions imposed under Section 43 of the Act. The said order of the Mamlatdar was confirmed by the respondent No.4 i.e. the Deputy Collector, and thereafter by the respondent No.2 i.e. the District Collector, Surat. Respondent No.2, forwarded the proposal to the State Government vide letter dated 30.9.2002, a copy of which is annexed as Annexure " E to the petition, with an observation that the order dated 18.4.2002 passed by the respondent No.5 is in consonance with the Circular issued by the State Government.