G H BHATT Vs. G M AMIN

JUDGEMENT

(1.) THE petitioner of Special Civil Application No. 3800 of 2002 is Ganji Gruh Nirman Mandali and respondent No. 4 herein, Nilkantheshwar Mahadev Trust, is the petitioner of Special Civil Application No. 4550 of 2002. Both the petitioners have challenged the orders dated 11-11-1993 made by Deputy Collector (Land Reforms) Appeal, Mehsana in Tenancy Appeal Nos. 217 and 254 of 1993 (Annexure G") and judgment dated 18-1-2002 rendered by Gujarat Revenue Tribunal in Revision Application No. TEN. B. A. 39 of 1994 (Annexure K" ).

(2.) THE dispute pertains to land bearing Survey No. 2540 admeasuring 1 Acre 29 Gunthas situated in Visnagar, which was held by one Shri Rameshwar Guru Laxmangiriji, Pujari of Nilkantheshwar Mahadev Temple, Visnagar. Upon death of Shri Rameshwar Guru Laxmangiriji, on 10-8-1961 the land was mutated in the name of Shri Dayashankergiriji Rameshwargiriji, the successor Pujari. On 31-01-1968 the Mamlatdar and ALT, Visnagar, (hereinafter referred to as ALT") made an order under Section 70 (b) of the Bombay Tenancy and Agricultural Lands Act, 1948 (The Tenancy Act") holding that deceased Joitaram Bhudardas was a tenant of the land in question.

(3.) IT is the case of the petitioner-Society that by virtue of enactment of Gujarat Devasthan Inams Abolition Act,1969 (Inams Abolition Act"), on 10-12-1969 the land in question stood vested in the State Government by virtue of the operation of the provisions of Inams Abolition Act. That on 14-08-1970 an order came to be made by the Devasthan Mamlatdar under the Inams Abolition Act holding that the name of the tenant was required to be deleted from the Revenue Records.