GUJARAT KHET KAMDAR UNION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These petitions under Art. 226 of the Constitution are directed against the common judgment and order dated 13-4-1992 of the Gujarat Revenue Tribunal, Ahmedabad (hereinafter referred to as "the Tribunal") in Revision Application Nos. 45, 46 and 47 of 1989 under Sec. 76 of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as "the Act").

(2.) Special Civil Application No. 686 of 1994 is filed as a public interest petition by the Gujarat Khet Kamdar Union challenging the interpretation placed by the Tribunal on certain provisions of the Act which had a bearing on the prohibition against the absentee landlords and for a writ of mandamus to direct the State Government to take appropriate action under Sec. 84C of the Act against the absentee landlords and to take possession of such lands and to distribute the same to the landless labourers. The petitioner-Union claims to represent agricultural labourers, most of whom are landless, including small and marginal farmers, who on account of small size of holding have to toil as labourers elsewhere. The petitioner-Union also claims to be working for the protection of socio-economic rights of the agricultural labourers in Gujarat including allotment of surplus land to the landless labourers. The Union has, therefore, taken up the cause of implementation of the legislation for agrarian reforms. Special Civil Application Nos. 9598, 9599 and 9600 of 1994 are filed by the State of Gujarat against the aforesaid common judgment and order of the Tribunal in the three respective revision applications.

(3.) Since all these petitions are directed against the common judgment and order of the Tribunal and raise identical contentions, at the request of the learned Counsel for the parties, the petitions have been heard together and are being disposed of by this common judgment.