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2006 Supreme(Guj) 192

D.N.PATEL
BHARATBHAI KANTILAL JETHWA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: A.J.PATEL, SIRAJ R.GORI

( 1 ) RULE. Learned Assistant Government Pleader Mr. Siraj gori waives service of notice of Rule on behalf of the respondent Nos. 1 and 2. An important question of law has been raised in this petition to the effect that whether while fixing the amount of premium under section 43 of The Bombay tenancy and Agricultural Lands Act,1948 for conversion of new and restricted tenure land into an old tenure land, an opportunity of being heard ought to be provided to the applicant or not " section 43 (1) of The Bombay Tenancy and agricultural Lands Act,1948 (hereinafter referred to as "the Act,1948), reads as under :-"43. (1) No land or any interest therein purchased by a tenant under section 17b, 32, 32f, 32-I, 32-O, [32u, 43-1d or 88e] or sold to any person under section 32p or 64 shall be transferred or shall be agreed by an instrument in writing to be transferred, by sale, gift, exchange, mortgage, lease or assignment, without the previous sanction of the Collector and except in consideration of payment of such amount as the State Government may by general or special order determine; and no such land or any interest, therein shall be partitioned without the previous sanction of the colle






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