JUDGMENT - D.R. DHANUKA, J.:---By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner-tenant has sought a writ of certiorari or a writ in the nature of certiorari calling for the record and proceedings of the case, for quashing and setting aside of certificate dated 4th December, 1959 issued by the District Deputy Collector, Nandurbar, District Dhule (respondent No.2 herein) in respect of the land in question bearing Survey No. 102 of Village Chinode, Taluka Taloda, District Dhule, being the certificate of exemption granted by the 2nd respondent-District Deputy Collector under section 88-B of the Bombay Tenancy and Agricultural Lands Act, 1948, hereinafter referred to as "the Tenancy Act".

2. The crucial facts required to be stated for disposal of this petition are as under :-

(a) The petitioner claims to be the tenant of the land in question described in paragraph 1 of the petition ever since 1948. The land in question is described in the petition as land bearing Survey No. 102 admeasuring 4 hectares and 6 Ares (10 acres and 1 guntha) (PK-O-15) assessed at Rs. 13-2-0 situate at Village Chinode, Taluka Taloda, District Dhule.

(b) On 28th August, 1953, a Trust known as Shri Samasta Aher Nhavi Panch trust (respondent No. 1 herein) was duly registered as a Public Trust under the Bombay Public Trusts Act, 1950. The 1st respondent Trust claims to be a tenant engaged in educational activities.

(c) On 4th December, 1959, the 2nd respondent-District Deputy Collector issued a certificate in favour of the 1st respondent- Trust under section 88-B of the Tenancy Act. A copy of the said certificate is Exhibit 'A' to the petition. Section 88-B(1) of the Tenancy Act provides that the lands which are the property of a Trust for an educational purpose and other purpose specified therein are exempted from certain provisions of the Tenancy Act. The conditions of such exemption prescribed by the Tenancy Act are as under :-

(i) Such Trust is or is deemed to be registered to be registered under the Bombay Public Trusts Act, 1950, and

(ii) The entire income of such lands is appropriated for the purposes of such trust."

Sub-section (2) of the said section 88-B reads as under :-

"88B. (2) For the purposes of this section, a certificate granted by the Collector, after holding an inquiry, that the conditions in the provision to sub-section (1) are satisfied by any trust shall be conclusive evidence in that behalf."

(Emphasis supplied)

(d) It is case of the 1st respondent-Trust that the 1st respondent has always satisfied both prescribed conditions of exemption. On the basis of the said averment and after receiving the said certificate of exemption under section 88-B(2) of the Tenancy Act, the respondent No. 1 has filed Regular Civil Suit No. 28 of 1979 in the Court of the Civil Judge, Junior Division, Taloda, for eviction of the petitioner-tenant from the said land. The petitioner contends that the petition land belonging to the 1st respondent-Trust is not exempted from the relevant provisions of the Tenancy Act, as according to the petitioner the abovereferred two conditions are not satisfied by the 1st respondent-Trust. The petitioner also contends that the impugned certificate dated 4th December 1959 cannot be relied upon by the respondent No.1 in the said Civil Suit and the same deserves to be quashed, as no show cause notice was issued by the District Deputy Collector to the petitioner-tenant before issuing the said certificate and the principles of natural justice were thus violated by the said authority. In the light of these contentions, the petitioner has filed this writ petition. The petition was filed in September, 1980. The petition was admitted and all further proceeding in Regular Civil Suit No. 28 of 1979 were staved by this Court. It is unfortunate that the petition has remained pending for so many years.

3. The petitioner-tenant has averred in the petition

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