DEVENDRA CHANDULAL SHAH Vs. SHAMBHU RUDA AYAR

JUDGEMENT

(1.) THE challenge in this petition under Articles 226 and 227 of the Constitution of India is to the order dated 29 -1 -2008 passed by the Gujarat Revenue Tribunal in Revision Application No.TEN.B.K.13 of 2002 whereby the matter has been remanded to the Special Mamlatdar,Bhuj.

(2.) BRIEFLY stated, the facts of the case, relevant for the adjudication of the petition, as emerging from a perusal of the averments made therein as well as the documents annexed thereto, are that land bearing old Survey No.258 admeasuring 10 Acres and 35 Gunthas (new Survey No.51, admeasuring 5 acres and 32 Gunthas and new Survey Bo.563, admeasuring 5 Acres and 09 Gunthas) of village Mithi Rohar, Taluka Gandhidham, District Kutch was the subject matter of inquiry under the provisions of Bombay Inams (Kutch Area) Abolition Act, 1958 (herein -after referred to as "the Inams Act"). The inquiry was made under the provisions of Section 7 of the Inams Act for the purpose of determining as to whether the person concerned would be entitled to the conferment of occupancy, on the abolition of 'Inam'. By order dated 22 -11 -89, the Mamlatdar held the respondent No.1 i.e. Shambhu Ruda Ayar to be the occupant of the land in question. This order was taken in suo motu revision and proceedings were initiated under the provisions of the Inams Act by the Revenue Secretary (Appeals), who quashed and set aside the order dated 22 -11 -89 and remitted the matter to the Special Mamlatdar by order dated 27/29 -12 -1993. The matter was sent back with a specific direction to find out whether, as per the provisions of Section 26 of the Inams Act, the respondent No.1 is a tenant or not, or cultivating the land on the date on which the Act was abolished. The Special Mamlatdar,Kutch -Bhuj initiated proceedings, which was registered as Tenancy Case No.10 of 1994 and by order dated 24 -4 -2000 dismissed the application of the respondent No.1. Against this order, the respondent No.1 filed an appeal, which was registered as Tenancy Appeal No.5 of 2000 before the Deputy Collector, under the provisions of Section 107 of Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958. This appeal was dismissed by the appellate authority vide judgment and order dated 16 -9 -2002. Being aggrieved by the aforesaid order, the respondent No.1 preferred a Revision Application before the Gujarat Revenue Tribunal ('the Tribunal' for short). This Revision Application has been remanded by the Tribunal by the impugned order dated 29 -1 -2008, leading to the filing of the present petition.

(3.) MR .A.J.Patel, learned advocate for Mr.D.K.Puj, learned counsel for the petitioners has submitted as under: