JAYANTILAL JERAM Vs. BOMBAY REVENUE TRIBUNAL
HIGH COURT OF GUJARAT
BOMBAY REVENUE TRIBUNAL
Referred Judgements :-
PHIROSH SAROSH KOTHAWALA V. STATE OF BOMBAY
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S.T.DESAI, N.M.MIABHOY -
(1.)The petitioner is the owner of 5 acres and 22 gunthas of agricultural land which is had let out to opponent No.2 On 26/12/1956 he gave notice to he tenant to quit the land on the ground that he required the same for his bonafide personal cultivation. Then he filed an application under section 29 of the Bombay Tenancy and Agricultural Lands Act 1948 before the Mamlatdar Dhari Taluka. On 18/05/1957 he stated before the Tenancy Aval Karkun that he had compromised the dispute relating to the land with the opponent-tenant and did not intend to proceed with the tenancy case. The Tenancy Aval Karkun passed an order on that application which had the effect of rejection of the application for possession made by the petitioner. On the same day i.e. 18/05/1957 the opponent filed and application stating that he intended to surrender to the landlord the land held by him. On 29/05/1957 the Tenancy Aval Karkun passed an order allowing the surrender of the land in favour of the petitioner.
(2.)On 30/04/1958 the Deputy Collector Amreli in the purported exercise of his powers under section 76-A of the Act issued a notice to the petitioner calling upon him to show cause why the order of the Tenancy Aval Karkun should not be set aside as the same contravened the provisions of section 32 of the Act. In the present petition the petitioner has raised some other contentions but in the view we take of the matter or examine those contentions. The Deputy Collector set aside the order dated 29/05/1957 passed by the Tenancy Aval Karkun on the ground that the surrender had been made after 1/04/1957 which was the `Tillers Day The petitioner carried the matter in revision and in revision the Revenue Tribunal confirmed the decision of the Deputy Collector on this point on the same ground and the petitioner has come to this Court on this petition.
(3.)Section 76-A was inserted in the Act by Bombay Act XXXVIII of 1957 and conferred revisional powers on the Collector It is in the following terms:-
"Where no appeal has been filed within the period provided for it the Collector may suo motu or on a reference made in this behalf by the Divisional Officer or the State Government at any time (a) call for the record of any inquiry or the proceeding of any Mamlatdar or Tribunal for the purpose of satisfying himself as to the legality or propriety of any order passed by and as to the regularity of the proceeding of such Mamlatdar or Tribunal as the case may be and (b) pass such order thereon as he deems fit provided that (no such record shall be called for after the expiry of one year from the date of such order and) no order of such Mamlatdar or Tribunal shall be modified annulled or reversed unless opportunity has been given to be interested parties to appear and be heard."
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