THAKORBHAI MAKANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr. J.K. Shah, learned Assistant Government Pleader waives service 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 has been filed by the petitioners with the following prayers: -

(3.) BRIEFLY stated, the facts of the case are that the petitioners are the owners and possessors of land bearing Revenue Survey No.11/1, 17 and 698/2 of Village Adajan, Taluka City Surat, District Surat, admeasuring about 2529 sq.mtrs., 2630 sq.mtrs. and 2125 sq.mtrs. respectively [hereinafter referred to as "the land in question"]. It is the case of the petitioners that the respondent no. 5 i.e. the Additional Mamlatdar and ALT (Tenancy) Choryasi, vide order dated 9th October, 2002 rendered in Tenancy case No. 84 of 2002 under the provisions of Section 70(O) of the Bombay Tenancy and Agricultural Lands Act, 1948 [the "Act" for short], declared the petitioners as permanent tenants, thereby removing the restrictions imposed under Section 43 of the Act. It is the case of the petitioners that the order dated 9th October, 2002, which was passed by the respondent no 5 was confirmed by the respondent no. 4 [Deputy Collector], Choryasi Prant by order dated 27th February, 2003.