STATE OF GUJARAT Vs. RATILAL BECHARBHAI RANINGA

JUDGEMENT

(1.) This petition under Article of the Constitution of India is directed against the order dated 10.10.1994 passed by the Gujarat Revenue Tribunal (hereinafter to as 'the Tribunal') in Revision Application No. TEN.B.R. 29/93, whereby the revision application filed by the first respondent has been allowed and the order dated 28.6.1993 passed by the Deputy Collector, Gondal has been set aside.

(2.) The facts giving rise to the present petition are that one Varjangbhai Naranbhai Solanki executed a will of his movable and immovable properties comprising of seven properties. Item No. 1 of such properties was land bearing Survey No. 523/1 of Upleta of Rajkot District admeasuring acres 11-23 gunthas out of which agricultural land admeasuring acres 4-0 gunthas (hereinafter referred to as the "subject land") was bequeathed upon the first respondent Ratilal Becharbhai Raninga and the rest of the land was bequeathed upon the second respondent namely, the testator's wife Maniben. It appears that Mesur Varjangbhai Solanki, viz. the testator's son, filed a civil miscellaneous application in the court of the learned Civil Judge, Senior Division, Gondal, for grant of probate of the will, which came to be granted by an order dated 6.2.1990.

(3.) On the basis of the will, the first respondent Ratilal Becharbhai Raninga made an application for mutating his name in the record of rights in respect of acres 4-0 gunthas of the above referred land, pursuant to which his name came to be entered in the record of rights vide mutation entry No. 66 dated 9.9.1991 and was certified by the Circle Officer, Upleta. It appears that the first respondent's nephew (brother's son) Pravinchandra Premjibhai Raninga made an application to the Collector that transfer of land made in favour of the first respondent on the basis of the will was in breach of the provisions of the Saurashtra Gharkhed Tenancy Settlement and Agricultural Lands Ordinance, 1949 (hereinafter referred to as "the Ordinance"). Pursuant to such application, the Deputy Collector, Gondal issued a show cause notice dated 26.3.1993 to the respondents for breach of the provisions of section 54 of the Ordinance calling them upon to show cause as to why, in view of the provisions contained in section 75 of the Ordinance, possession of the subject land should not be taken over for and on behalf of the Government. Pursuant to such show cause notice, the Deputy Collector, Gondal by an order dated 28.6.1993, deleted the above referred mutation entry No. 66 from the record of rights and consequently the name of the first respondent came to be removed from the record of rights. The Deputy Collector further held that the first respondent having failed to prove that he was an agriculturist, there was breach of the provisions of section 54 of the Ordinance. Accordingly, in exercise of powers under section 75 of the Ordinance, he ordered that the subject land be vacated and be taken in the possession of the Government. 3A. Being aggrieved by the aforesaid order, the first respondent filed a revision application before the Tribunal and succeeded, which has given rise to his petition at the instance of the State of Gujarat.