SHANKARBHAI FULJIBHAI VASAVA Vs. GUJARAT REVENUE TRIBUNAL

JUDGEMENT

(1.) The petitions are filed under Articles 226 and 227 of the Constitution seeking to quash and set aside the common order dated 26.04.2017 passed by Gujarat Revenue Tribunal ("the Tribunal") in Revision Application No.145 of 2016 and in Revision Application No.318 of 2016.

(2.) It appears that the Mamlatdar initiated proceedings under Section 84C of the Gujarat Tenancy and Agricultural Lands Act, 1948 ("the Act") in connection with sale transaction made in favour of respondent No.2 (deceased) in the year 1952 in respect of the land bearing survey No.554 situated at Village-Kotambi, Taluka-Vaghodia, District-Vadodara on the ground that the sale transaction was in breach of Section 63/64 of the Act. In such proceedings, the petitioner had an opportunity to present his case as heir of Shankarbhai Fuljibhai Vasava.

(3.) As could be noticed from the facts stated in the order of the Mamlatdar, name of Shankarbhai Fuljibhai Vasava - the father of the petitioner was recorded for the land in the revenue record for the year 1950-51 to 1951-52 as tenant of the land and, thereafter, the name of respondent No.2 was found recorded from 1952 till 1996- 97. As further recorded in the said order, the respondent No.2 purchased lands in question on 16.04.1952. But thereafter, also the name of the father of the petitioner was recorded as protected tenant under entry No.639. However, as further recorded, as per the entry No.902, the father of the petitioner relinquished his right as tenant on 09.11.195 and left the possession of the land.