SOMAJI BHIKHAJI THAKOR Vs. THAKOR KHODAJI MANAJI

JUDGEMENT

(1.) The short facts of the case are that the petitioner as per order, dated 1.4.1958 was declared as tenant by the order of the Mamalatdar and on the basis of the said decision of the Mamalatdar, the Revenue Entry No.1170 also came to be mutated. It appears that thereafter in the year 1991 the respondent No.1 preferred appeals being Appeal Nos.60/91 and 146/91 before the Deputy Collector (Land Reforms) and the said appeals came to be dismissed as per order dated 17.3.1991 and the respondent No.1 also carried the matter before the Revenue Tribunal by preferring Revision Application No.TEN.BA 294/92. It appears that the respondent No.1 submitted withdrawal purshis and the said revision ultimately came to be disposed of as withdrawn and withdrawn as per order dated 23.2.93. In the mean time, the petitioner applied for converting the land for NA use and as per the order, dated 8.6.92 the Dist.Collector, Mehsana granted the permission for converting the land for NA use. The petitioner has also made a statement in the petition at page 3 that after the status of the petitioner was confirmed as tenant, the petitioner had applied for conversion of the land from new tenure to old tenure, and the same came to be granted by the Dist.Collector, Mehsana. It appears that the respondent No.1 had also filed the objection against the application of the petitioner for declaring the land for NA use and the said objections filed by the respondent No.1 came to be dismissed by the District Collector as per the order dated 12/13.5.92. It appears that the respondent No.1 preferred revision being Revision No.2/92 against the order for granting granting permission for NA use before the State Govt under section 211 of Bombay Land Revenue Code. The said revision was entertained by the State Govt However, on the date of hearing on 4.2.1993 the respondent No.1 submitted purshis for withdrawal of the revision. But, the State Govt found that by permitting withdrawal there is likely to be misuse and therefore it was decided to proceed with the examination of merits of revision and therefore the State Govt passed the final order in Revision on 13.5.93 whereby the order for NA use is set aside and it is further directed that the status of the petitioner as tenant is not legal and proper and the proceedings of NA are nullity and it was also observed for initiation of proceedings under section 84C of Bombay Tenancy & Agricultural Lands Act (hereinafter referred to "the Tenancy Act"). It is under these circumstances the petitioner has approached this court by preferring the present petition.

(2.) Heard Mr.D.M.Barot for Mr.M.C.Barot for the petitioner, Mr.Jayesh M.Barot for respondent No.1 and Mr.Prachhak, Ld.AGP for respondent Nos 2,3 & 4.

(3.) Mr.Barot, Ld.advocate for the petitioner raised the first contention that once the purshis having been filed by the petitioner before the State Govt, the State Govt ought not have proceeded with the hearing of revision or further examination of the matter and ought not have disposed of the revision as withdrawn. He, therefore, submitted that the order can be said as without jurisdiction. The aforesaid aspects can not detain the court further except for rejecting the contention because the revisional powers of the State Govt are dependent upon the initiation of proceedings by any authority. The said proceedings can either be initiated suo motu by any authority or at the instance of aggrieved party. Once it has come to the knowledge of the State Govt, may be, at the instance of aggrieved party and thereafter if the proceedings are initiated, merely because the party who moved the State Govt is not desirous to prosecute the matter and if the State Govt decides to examine the matter further, the said order can not be said to be without jurisdiction because the scope of revisional jurisdiction is wide enough to attract the power of the State Govt if the State Govt is satisfied that the illegalities are committed by the authority or the proceedings should be examined on merits.