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1993 Supreme(Guj) 109

R.K.ABICHANDANI
THAKORBHAI TRIBHOVANDAS RAO – Appellant
Versus
STATE – Respondent


Advocates Appeared: H.R.LATHIGARA, PURNANAND, R.A.PATEL

R. K. ABICHANDANI, J.

( 1 ) THE petitioners challenge the notice issued by the Deputy collector, Kheda on 4-9-1981 in Tenancy Revision Nos. 183 to 224 and seek direction on the Collector not to take the matters enumerated at Annexure "a", in revision under Sec. 76a of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as "the Act" ).

( 2 ) IT appears that in an inquiry under Sec. 32-G of the Act, the Mamlatdar and A. L. T. by his order dated 30-12-1971 passed in Tenancy Case No. Govindpura/ 80 in the case of respondent No. 3 held that he was a tenant of the land in dispute. Similar decision was taken in respect of respondents Nos. 4 to 49 and this aspect has not been disputed before this Court. The petitioners have, after the matter was decided by the Mamlatdar and A. L. T. under Sec. 32-G in resepct of respondents nos. 3 to 49 as far back as in the years 1971, 1972 and 1973 suddenly received a notice calling upon them to appear before the Mamlatdar and A. L. T. as the proceedings were taken up in Revision pursuant to the reference made by the State government under Sec. 76-A of the Act in respect of the order which was passed by the Mamlatdar and A. L. T.




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