- (1.) RULE . Mr.Jaswant K.Shah, learned Assistant Government Pleader, waives service of notice of Rule on behalf of the respondents. In the facts and circumstances of the case and with the consent of the learned counsel for the parties, the matter is taken up for final hearing today.
(2.) THIS petition under Article 226 of the Constitution of India has been filed with the following prayers: "(A) Your Lordships may be pleased to admit this petition. (B) Your Lordships may be pleased to issue a writ in nature of mandamus or writ in nature of certiorari or any other appropriate, writ/s order/s, and/or direction/s quashing and setting aside the undated notice (Annexure -A) issued by the respondent no.1 on 24.05.2007. (C) Pending admission hearing and final disposal of this petition, Your Lordship may be pleased to grant interim/ ad -interim relief/ staying the operation, implementation and execution of the undated notice (Annexure -A) issued by the respondent no.1 on 24.05.2007. (D) Your Lordships may be pleased to pass any such other and/or further order/s, thought just and proper, in the interest of justice."
(3.) BRIEFLY stated, the facts of the case are that the petitioners are the original owners and in possession of the land bearing Block No.2070, Old Revenue Survey No.1464/3 of Village Sadakpor, Taluka: Chikhli, District: Navsari, admeasuring approximately 1518 Sq.Mtrs. (hereinafter referred to as the land in question). The respondent No.3, i.e. the Mamlatdar and ALT, Chikhli, passed an order dated 29.10.2002, annexed as Annexure -B to the petition in Tenancy case No.70 -O/50/2002 under Section 70(o) of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as "the Act" for short), declaring that the petitioners are occupying the land in question as permanent tenants. The restrictions under the provisions of Section 43 of the Act were removed by the respondent No.3. In pursuance of the above said order, the necessary effect was given in the relevant revenue records by Mutation Entry No.11531 dated 30.10.2002, which was certified on 30.11.2002. A copy of the same is annexed as Annexure -C to the petition. Thereafter, the petitioner No.3 purchased the land in question from the petitioners No.1 and 2 by way of a registered Sale Deed No.20 dated 6.1.2003, a copy of which is annexed as Annexure -D to the petition. The name of the petitioner No.3 was entered in the revenue records by Mutation Entry No.11580 dated 6.1.2003, a copy of which is annexed as Annexure -E to the petition. The case of the petitioners is that the respondent No.2 has not challenged the order dated 29.10.2002 (Annexure -B to the petition) passed by the respondent No.3 till today. However, the State Government issued a Circular dated 7.10.2005 empowering the District Collector (respondent No.1) to decide the cases under the provisions of Section 43 of the Act. Pursuant thereto, the District Collector issued an undated notice on 24.5.2007 (Annexure -A to the petition) stating that the respondent No.3, i.e. the Mamlatdar and ALT, Chikhli, had no authority to decide the question of permanent tenancy but the said power has been vested with the respondent No.1 in view of the Circular dated 7.10.2005. It is also the case of the petitioners that the Circular dated 7.10.2005 was challenged by a number of persons by filing Special Civil Application No.9609 of 2006 and other allied matters and this Court, vide judgment dated 17/18/23.01.2007, has quashed and set aside the Circular dated 7.10.2005 as being ultra -vires the provisions of the Act. The petitioners are, therefore, aggrieved by the notice issued by the respondent No.1 on 24.5.2007 (Annexure -A to the petition), pursuant to the Circular dated 7.10.2005 and have, therefore approached the Court by filing the present petition.;