( 1 ) BOTH these petitions are directed against the judgment and order dated 7. 8. 2001 passed by a Division bench of the Gujarat Revenue Tribunal ("the Tribunal" for brevity) in Revision Application No. TEN. B. A. 27/2001 under the provisions of Section 76 of the Bombay Tenancy and Agricultural Land Act, 1948 ("the Act" for brevity ).

( 2 ) BY the impugned judgment the Tribunal has set aside the judgment and order dated 25/10/2000 passed by Mr. S. G. Bharwad Deputy Collector (Land Reforms and Appeals), Ahmedabad in an appeal which was preferred after delay of 40 years against the order of the Mamlatdar passed in the year 1960. EARLIER, against the same order, occupants of the land (petitioners in Special Civil Application. No. 3340/2002) had filed revision application after 34 years under Section 76 A of the Act. That revision application was allowed by the Deputy Collector on 4/4/95. When a revision application was filed by the State Government against the said order dated 4/4/95 before the Tribunal, the occupants filed a note for taking up the matter for immediate hearing and at the hearing of the revision application submitted a purshis (a note in writing), giving consent for setting aside the said order dated 4/4/95 of the Deputy Collector. The Tribunal by its order dated 28/2/2000 allowed the said revision application and set aside the order dated 4/4/95 passed by Deputy Collector (Land Reforms) Ahmedabad. THEREAFTER the occupants preferred an appeal under Section 74 of the Act before Mr. S. G. Bharwad who was at the relevant time Deputy Collector (Land Reforms and Appeals) at Ahmedabad. By an order dated 25/10/2000, Mr. S. G. Bharwad, Deputy Collector allowed the appeal in favour of the occupants and modified the order of the Mamlatdar and Agricultural Land Tribunal passed as far back as in 1960, after observing that the conditions imposed by the said order were a nullity; therefore, the same could be interfered with even after 40 years. THE occupants have filed Special Civil Application No. 3340/2002 whereas Mr. S. G. Bharwad Deputy Collector has filed Special Civil Application No. 3350/2002 challenging the same judgment on the ground that disciplinary proceedings have been initiated against him on account of his judgment dated 25/10/2000, which has been set aside by the Tribunal.

( 3 ) BEFORE setting out the facts leading to filing of the present petition and also the contentions raised, it is necessary to make a brief reference to the scheme of Section 43 of the Tenancy Act. The Tenancy Act is an Act to amend the law relating to the tenancy of Agricultural Lands and is basically a law for agrarian reforms. But for this Act, the tenants who were cultivating land for a number of years, would have continued to remain tenants and would never have become owners of the lands which they were cultivating for a number of years. Chapter III of the Act confers special rights and privileges on tenants and provisions for distribution of lands for personal cultivation. Para-II of the said chapter opens with Section 32 of the Act which states that on the first day of April, 1957 (tillers day) every tenant shall be deemed to have purchased from his landlord, free of all encumbrances, the land held by him as tenant, if, such tenant is a permanent tenant thereof and cultivates land personally or even if such tenant is not a permanent tenant but cultivates the land leased personally and the landlord had not given notice of termination of tenancy under Section 31 or the landlord had not applied to the Mamlatdar before 31st March, 1957 for obtaining possession of the land on the ground of termination of tenancy or otherwise. There are various other provisions in Section 32 which are not relevant for the purposes of the present controversy. Section 32-G provides that as soon as may be after the the tillers day the Agricultural Land Tribunal shall publish a public notice in each village calling upon all tenants who under Sect