MANIBEN Vs. DISTRICT COLLECTOR

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 petitioners are the original owners and in possession of the land bearing Block No.2070, Old Revenue Survey No.1464/3 of Village Sadakpor, Taluka: Chikhli, District: Navsari, admeasuring approximately 1518 Sq.Mtrs. (hereinafter referred to as the land in question). The respondent No.3, i.e. the Mamlatdar and ALT, Chikhli, passed an order dated 29.10.2002, annexed as Annexure -B to the petition in Tenancy case No.70 -O/50/2002 under Section 70(o) of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as "the Act" for short), declaring that the petitioners are occupying the land in question as permanent tenants. The restrictions under the provisions of Section 43 of the Act were removed by the respondent No.3. In pursuance of the above said order, the necessary effect was given in the relevant revenue records by Mutation Entry No.11531 dated 30.10.2002, which was certified on 30.11.2002. A copy of the same is annexed as Annexure -C to the petition. Thereafter, the petitioner No.3 purchased the land in question from the petitioners No.1 and 2 by way of a registered Sale Deed No.20 dated 6.1.2003, a copy of which is annexed as Annexure -D to the petition. The name of the petitioner No.3 was entered in the revenue records by Mutation Entry No.11580 dated 6.1.2003, a copy of which is annexed as Annexure -E to the petition.