E.S.Venkataramiah, J.

(1) -THESE five appeals by certificate are preferred by the State of Gujarat against the common judgment dated April 25/28, 1969 delivered in five petitions under Article 226 of the Constitution on the file of the High court of Gujarat in which the constitutional validity of the Resolution of the government of Gujarat bearing No. L.B.B. 3964/101585-G dated 28/12/1966 issuing directions regarding the procedure to be followed in the disposal of bhatha lands with effect from 1/01/1967 inter alia providing for showing preference to harijans, adivasis, backward class persons and cooperative farming societies consisting of landless labourers or small holders in the matter of cultivation rights over bhatha land was challenged. The expression bhatha land means land which forms part of the bed of a river on which vegetables, melon, cucumber etc. can be grown during the lean period after the rainy season is over when the level of the water in the river is quite low. The cultivation of this land is possible only till the next rainy season and when the river swells during the rainy season, the said land again gets submerged under the river water. The occupancy righ