STATE OF GUJARAT Vs. PUNJIBEN LALLUBHAI JAMABHAI

JUDGEMENT

(1.) THIS petition has been preferred by the State of Gujarat challenging the order dated 5. 2. 1997 made by Gujarat Revenue Tribunal (the Tribunal") in Revision Application No. TEN. BA. 506/94 whereby, order made by Deputy Collector (Land Reforms) Appeal, Kheda, in Tenancy Appeal No. 24 of 1993 on 16. 6. 1993 came to be confirmed by the Tribunal.

(2.) LAND bearing Survey No. 1205/1 admeasuring H. O.-33-39 of Village and Taluka: Anand, was held by three persons and one Punjiben, daughter of Lallubhai Jemabhai, was the tenant as on 1. 4. 1957 in the said land. After order was made under Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948 (the Act), on 13. 12. 1960, an order fixing the price was made on 31. 12. 1971 under the provisions of Section 32g of the Act. This was followed by a Certificate issued under Section 32m on 31. 11. 1972, followed by mutation entry on 11. 3. 1981.

(3.) RESPONDENT No. 1 herein preferred appeal before Deputy Collector and succeeded. The State Government carried the matter in revision before the Tribunal, who agreed with the order made by Deputy Collector and rejected the revision application. The reasons which have weighed with the Tribunal are recorded in Paragraph No. 9 of the impugned order and the same reads as under: