J. C. SHAH, N. RAJAGOPALA AYYANGAR, P. B. GAJENDRAGADKAR
State Of Bombay – Appellant
Versus
Shivabalak Gaurishankar Dube – Respondent
Judgment
GAJENDRAGADKAR, C.J.I.
What is the scope and effect of the provisions contained in S. 65 read with S. 83 of the Bombay Tenancy and Agricultural Lands Act, 1948 (No. 67 of 1948) (hereinafter called the Act), that is the short question which arises for our decision in this appeal. The four respondents are the owners of certain agricultural lands in Deokhope in Taluka Palghar in Maharashtra. On the 23rd June, 1951, a notice was served by the appellant, State of Bombay (now Maharashtra), inviting the attention of the respondents to the fact that the agricultural lands of which they were the owners had remained fallow since 1948-49, and intimating to them that the appellant State would resume management of the said lands under S. 65 of the Actunless the respondents took steps to bring them under cultivation in the following agricultural season. The respondents were told that in case they wanted to brink the said lands into cultivation, they should send intimation of their intention to do so within 15 days from the date of the receipt of the notice. It appears that later, an enquiry was made under the orders of the Dy. Collector as a result of which on the 30th December, 1951, he
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