MAGANBHAI GOVANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has filed this petition under Articles 226 and 227 of the Constitution of India challenging the legality, validity and propriety of the impugned judgment and order dated 1 -7 -1999 and 14 -10 -1999 passed by the learned Member, Gujarat Revenue Tribunal in Appeal No. TEN. A.S. 3 of 1999 and Restoration Application No. TEN. D.S. 8 of 1999 respectively.

(2.) THIS Court has issued notice on 21 -6 -2000 and petition was admitted on 18 -10 -2000. On behalf of the respondent Nos. 1 and 2 learned Assistant Government Pleader appeared and affidavit -in -reply is filed by Dy. Collector, Olpad, Surat on 30 -10 -2000. Despite service of notice and rule nobody appeared on behalf of the respondent No. 3.

(3.) IT is also the case of the petitioner that he is paying the land revenue for the said land bearing Survey No. 263 situated in village Orma. His name was already shown in the revenue records as occupiers while the name of the respondent No. 3 has not been recorded anywhere in the revenue records, and as such, he has no right, title or interest in the land in question. However, the respondent No. 2 vide his order dated 30 -7 -1998 declared and held that the mutation in the name of the petitioner was against the provision of the Act and without consent of the lnamdar, therefore he ordered the land in question to be vested in the Government and further directed the Mamlatdar to initiate proceedings under Section 32P of the Bombay Tenancy and Agricultural Lands Act. The respondent No. 2 without having jurisdiction to decide the matter under the Tenancy Act acted beyond the scope of his power under the Act and passed the order on 30 -7 -1998.