VITHAL RUKHMINI SANSTHAN AMRAVATI Vs. CHAKKILAL BHAGWANDAS

JUDGEMENT

(1.) The only question that arises in this writ petition is as to whether the proceedings under Section 46 (1) read with Section 48 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, (hereinafter referred to as the Tenancy Act), should proceed further even after the landlord produces a certificate under Section 129 (b) of the Tenancy Act.

(2.) The controversy arises in the following manner: Survey Nos. 37/2 and 40/2 situated at Naosari are owned by the petitioner trust namely, Vithal Rukh-mai Sansthan, Amravati. It appears that respondent No. 1 has been in possession of survey No. 40/2 as a tenant, while respondent No. 2 was previously occupying survey No. 37/2 as a tenant. This latter survey No. 37/2 is said to have been compulsorily acquired by the Government. The Agricultural Lands Tribunal started a sue motu enquiry No. 219/59(13)/65-66 under Section 46 read with Section 48 of the Tenancy Act with a view to decide as to whether the respondents were entitled' to have transfer of ownership of these lands in their favour. The landlord-trust filed a written statement contending therein that the provisions of compulsory purchase under Section 46 are not applicable as a certificate under Section 129 (b) has been issued in favour of the trust by the Collector. That section reads as follows :--

(3.) The Agricultural Lands Tribunal did not allow the objection based on the certificate under Section 129 (b). The Tribunal has observed as follows in its order dated 8-1-1971:--