S.B.MAJMUDAR - (1.)In this petition under Article 226 of the Constitution which is in substance a petition under Article 227 thereof the petitioners challenge an order passed by the Gujarat Revenue Tribunal in application No. TEN.B.A. No. 642 of 1977 whereby the Tribunal exercising powers under section 76 of the Bombay Tenancy and Agricultural Lands Act 1948 (hereinafter referred to as the Act) has confirmed the view expressed by the Deputy Collector Anand in tenancy appeal No. 219 of 1976 to the effect that a special power of attorney holder cannot appear and argue the appeal on behalf of the appellants. A few relevant facts centering round the aforesaid limited controversy between the parties may be noted.
(2.)The petitioners claim to be owners and occupants of the land bearing survey numbers 535/7 admeasuring 0 acre 17 gunthas and 535/14 admeasuring 0 acre 8 gunthas situated on the outskirts of village Lingada in Anand taluka of Kheda district. The respondent claims to be the tenant thereof. The Mamlatdar and A.L.T. Anand initiated proceedings under section 32(1B) of the Act and by his order dated 20-8-1976 held that the respondent is entitled to restoration of possession of the disputed lands from the petitioners.
(3.)The petitioners naturally felt aggrieved by the aforesaid order of the Mamlatdar. They preferred tenancy appeal No. 219 of 1976 before the Deputy Collector under section 74 of the Act. According to the petitioners they were not conversant with the facts and law and hence they took assistance of one Ramanlal Chhotalal Bhatt in whose favour they executed a special power of attorney on 30-8-1976. Under the said special power of attorney Mr. Bhatt was permitted to appear and take all proceedings in tenancy appeal before the Deputy Collector on be half of the petitioners. The said special power of attorney holder was not a legal practitioner. A copy of the special power of attorney is annexed to this petition at annexure A.