ARVINDBHAI KHAPABHAI PATEL Vs. DISTRICT COLLECTOR - NAVSARI

JUDGEMENT

(1.) RULE . Mr.Pathik Acharya,, 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 petitioners are the owner in possession of land bearing Block No.1921, Old Revenue Survey No.1397 of village -Sadakpor, Taluka -Chikhali, District -Navsari, admeasuring approximately 22126 sq.mtrs (herein -after referred to as "the land in question"). The petitioners were declared as permanent tenants upon the land in question by the respondent No.3. i.e. the Mamlatdar and Agricultural Lands Tribunal, vide order dated 24 -10 -2002, rendered in Tenancy Case No.70 -0/49/2002, 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 petitioners that pursuant to the order dated 24 -10 -2002 passed by the respondent No.3, Mutation Entry No.11527 dated 30 -10 -2002 was made in the revenue record. The Collector, Navsari by communication dated 26 -05 -2003 addressed to the State Government, expressed the opinion that the order dated 24 -10 -2002 passed by the respondent No.3 is required to be confirmed.