NANIBAI NAROTTAM MAKAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition challenges order dated 15. 12. 2003 made by respondent No. 2 herein.

(2.) THE case of the petitioner, in relation to land bearing Survey No. 247 of Village Katargam, Taluka Choryasi, Dist. Surat, is that the predecessors of the petitioner were cultivating the said land as tenants from 1937-1938. On 26. 03. 1962 the Mamlatdar and ALT, in Tenancy Case No. 113/61-62, declared that the land in question was deemed to have been purchased by the petitioner. Thereupon on 15. 11. 1968 the purchase price fixed by the Mamlatdar having been paid certificate under Section 32m of the Bombay Tenancy and Agricultural Lands Act, 1948 (the Act) was issued in favour of the petitioner, followed by necessary mutation entry in revenue record.

(3.) ON 24. 06. 1998 the Mamlatdar and ALT rejected an application made under Section 70 (o) of the Act by the petitioner holding that the land was amenable to restrictions under Section 43 of the Act and such restrictions could not be removed.