DINSHAWJI BAMANJI DALAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners grantee of the three disputed lands challenge in this petition under Article 227 the final order of the Gujarat Revenue Tribunal dated March 30 1963 by which the Revenue Tribunal has dismissed the appeal of the petitioners in the inquiry under sec. 37(2) of the Land Revenue Code hereinafter referred to as the Code on the ground that the petitioners right in relation to mines and minerals in these lands were extinguished by the Bombay Talukdari Tenure Abolition Act 1949 which came into force from August 15 1950 The petitioners are the heirs of one Dr. Bamanji Dalal in whose favour the then Collector of Panch Mahal's acting as administrator of the Talukdari estates made the grant of the lands in question by a deed of grant dated September 30 1908 On the abolition of the Talukdari Tenure by the said Act records of rights were prepared. The petitioners challenge these entries as their rights as per the said grant in respect of the mines and mineral rights for these three lands S. No. 1/2 5 of village Rustampura were not entered in the column of other rights. A formal inquiry was therefore held under sec. 37(2) of the Code. The Mamlatdar disallowed this claim by the order dated August 23 1957 After the Prant Officer dismissed the appeal and the Collector also dismissed a further appeal the matter was first remanded to the Collector by the order of the Gujarat Revenue Tribunal dated December 15 1961 Thereafter the Collector by the order dated September 8 1962 recognised their rights to cut timber for certain lands but as the right of the petitioners in respect of mines and minerals was held to be extinguished the petitioners filed an appeal before the Revenue Tribunal. The Revenue Tribunal has also dismissed this appeal by the impugned order dated September 30 1963 and therefore the petitioners have filed the present petition.

(2.) There is no dispute as to the terms of the grant. The Revenue Tribunal has reproduced the material clause 17 of the deed of grant as under :-

(3.) Under sec. 3 of the Act with effect from the date the Act came into force