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2000 Supreme(Guj) 399

B.C.PATEL
MANGALBHAI B. PRAJAPATI – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.J.PATEL, B.C.DAVE, D.N.Patel

B. C. PATEL, J.

( 1 ) MR. PATEL, learned Advocate appearing for the petitioner has raised several contentions, but for the purpose of disposal of this petition, the following question is only required to be considered :"whether initiation of proceedings under Sec. 84c of the Tenancy Act after lapse of considerable time would amount to arbitrary exercise of power and thus bar the exercise of power under Sec. 84c of the Tenancy Act?"

( 2 ) ). This Court is not inclined to consider the other aspects as in view of the settled legal position with regard to delay, this matter is required to be disposed of.

( 3 ) ). Transfer of Agricultural land bearing Survey No. 48 admeasuring 1 acre 20 Gunthas situated in the sim of village Ranasan, Taluka Vijapur, Dist. Mehsana is the subject-matter of the present petition. The petitioner, claiming to be agriculturist was cultivating the agricultural land and since the land was not enough for maintenance of his family, he purchased another land bearing survey No. 361 admeasuring 3 Acres 25 Gunthas situated in the sim of village fatehwadi, Taluka Daskroi, Dist. Ahmedabad by a registered sale-deed dated 19-5-1978.

( 4 ) ). The Mamlatdar and Agricultural L









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