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 rights over such land cannot ordinarily be granted on a permanent basis as in the case of other cultivable lands in view of the land getting submerged underriver water every year for 4-5 months. The lands in question are situated in the Bombay area of the State of Gujarat. Till the year 1951, the cultivation rights over bhatha lands in the area in question were being disposed of by public auction and the successful bidders were being treated as lessees of the lands for short periods. In the year 1951, the State government ordered that the leasehold rights over bhatha lands should be disposed of by selection in the following order of priority:

1. Bonafide agriculturists who had cultivated the land personally for five years or more. 2. Adjacent landholders who, in the Collectors opinion, had insufficient land for maintenance of their families. 3. Cooperative farming societies, and 4. Priority holders under the Waste Land Rules.

(2) THE above order was cancelled and superseded by the government Resolution dated 19/09/1962 which provided that on the expiry of the then existing leases, not held by cooperative farming societies, bhatha lands should be disposed of on the basis of five years lease by public auction. Experience showed that only the moneyed people were able to purchase the leasehold rights at the public auction and persons belonging to scheduled castes, scheduled tribes and other weaker S. of society were not even able to participate in such auctions. In the year 1964 however, leasehold rights over bhatha lands were disposed of on eksal basis by public auction. The question relating to the procedure to be followed in the disposal of the leasehold rights over bhatha lands was discussed at the meeting of the Collectors held in 1965-66 and after taking into consideration all relevant matters and the suggestions made at the above said meeting, the State government passed the following Resolution in supersession of all existing

ORDERS:- Government of Gujarat Revenue Department No. L.B.B. 3964/101585.G Sachivalaya, Ahmedabad-15 Date : 28/12/1966 RESOLUVTION OF government In cancellation of all existing orders in regard to disposal of Bet and Bhatha land by auction, government is pleased to direct that existing procedure of disposal of Bhatha land by auction should be disposed of according to instructions detailed below : 1. The existing leases held by cooperative society should be renewed on their expiry only to the members of cooperative society. Individually held land less than 16 acres excluding the Bet- Bhatha land and the total holding of the number including the land to be granted is not more than the member or members 16 acres. 2. If condition (1) is fulfilled the lease in favour of the cooperative societies should be renewed for a