GAMANBHAI CHHIMABHAI PATEL Vs. DISTRICT COLLECTOR - NAVSARI

JUDGEMENT

(1.) RULE . Mr.Jaswant K.Shah, learned Assistant Government Pleader, waives service of notice 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 under Article 226 of the Constitution of India has been filed with the following prayers:

(3.) BRIEFLY stated the facts of the case are that the petitioner is the owner in possession of land bearing Block No.1643, Old Revenue Survey No.975/3 of village -Degam, Taluka -Chikhali, District -Navsari, admeasuring approximately 9004 sq.mtrs (herein -after referred to as "the land in question"). The petitioner was declared as a permanent tenant upon the land in question by the respondent No.3. i.e. the Mamlatdar and Agricultural Lands Tribunal, vide order dated 21 -7 -2003, rendered in Tenancy Case No.70 -0/18/2003, under the provisions of Section 70(0) of the Bombay Tenancy and Agricultural Lands Act, 1948 ("the Act" for short) and the restrictions imposed under the provisions of Section 43 of the Act were removed. It is the case of the petitioner that the order dated 21 -7 -2003 passed by the respondent No.3 was not given effect to by mutating the relevant entry in the revenue record. However, vide mutation entry No.10287, the Collector i.e. respondent No.1, has recorded that the order of the Mamlatdar and ALT be not given effect to, until the final decision thereupon is rendered by the State Government. The Collector, Navsari by communication dated 17 -10 -2003 addressed to the State Government, expressed the opinion that the order dated 21 -7 -2003 of the respondent No.3 is required to be confirmed.