ATULBHAI BALABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution raises the following question for consideration :-

(2.) The facts giving rise to filing of this petition, as averred by the petitioners, are as under :- The land in question situate in village Nikol, Taluka and District Ahmedabad City was held in the name of Bai Jadav i.e. the predecessor-in-title of the petitioners. In the year 1975, the Mamlatdar and Agricultural Land Tribunal, Ahmedabad initiated proceedings under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as "the Tenancy Act"). After hearing the parties, the Mamlatdar and Agricultural Land Tribunal passed order dated 10.2.1975 fixing the purchase price. Respondent Nos. 2 to 8 (hereinafter referred to as "the respondents") filed an appeal before the Deputy Collector, Ahmedabad challenging the above order on 17.4.1995. By his judgment and order dated 29.1.1996, the Deputy Collector quashed and set aside the order of the Mamlatdar and ALT and remanded the matter. The petitioners filed revision application before the Gujarat Revenue Tribunal (hereinafter referred to as "the Tribunal" or "the Gujarat Revenue Tribunal") on 29.2.1996 under Section 76 of the Tenancy Act. After hearing the parties, the Tribunal delivered judgment and order dated 30.9.1997 allowing the revision application, setting aside the order of the Deputy Collector and restoring the order dated 10.2.1975 of the Mamlatdar and ALT, City Taluka, Ahmedabad. Thereafter, the respondents filed review application before the Tribunal under Section 17 of the Bombay Revenue Tribunal Act, 1957 (hereinafter referred to as "the Tribunal Act"). The Tribunal issued notice on the said review application and stayed implementation of its judgment and order dated 30.9.1997. The petitioners have, therefore, filed this Special Civil Application praying for writ of prohibition to restrain the Tribunal from entertaining, hearing and deciding the aforesaid review application purported to have been filed under Section 17 of the Tribunal Act. The petitioners have also challenged the interim order dated 3.12.1997 passed by the Tribunal during pendency of the aforesaid revision application.

(3.) While issuing notice, this Court had granted ad-interim stay of further proceedings before the Tribunal and the same has been continued till disposal of this petition. The petition was heard at length for final disposal.