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1987 Supreme(Guj) 83

A.P.RAVANI
MARKLAND PRIVATE LIMITED – Appellant
Versus
STATE – Respondent


Advocates Appeared: J.M.THAKAR, K.S.NANAVATI

A. P. RAVANI, J.

( 1 ) OBTAIN by proper management or otherwise an unlawful and erroneous order permitting to transfer land in favour of non-agriculturist-see that the same is not challenged by vendor of the land. The phrase proper management conveys everything that commonsense should dictate having regard to the realities of life. In this fashion can any one frustrate the objects of the Bombay Tenancy and Agricultural Lands Act 1948 ? Or is it open to the State Government to challenge such orders in revision notwithstanding the fact that the Government is not a party in the proceedings before lower authority ? These are few of the questions involved in these petitions besides other common questions of law and facts. Having regard to the facts and circumstances of the cases at the request of and by consent of the parties all these petitions are being disposed of by a common judgment.

( 2 ) THE petitions are under Art. 227 of the Constitution of India. Petitioner No. 1 a Private Limited Company and other petitioners who are original owners of the land challenge the legality and validity of the order passed by the Gujarat Revenue Tribunal by which the Tribunal cancelled the permission














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