1. Although all the petitions have been labelled as one under Articles 226 and 227 of the Constitution of India, yet having regard to the fact that the challenge is to the order of the Tribunal and also considering the nature of the pleadings and the reliefs prayed for, the applications are in substance one invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.

2. Since the issues raised in all the captioned applications are interconnected, those were heard analogously and are being disposed of by this common judgment and order.

3. For the sake of convenience, the Special Civil Application No.10589 of 2017 is treated as the lead matter.

4. By this application under Article 227 of the Constitution of India, the State of Gujarat calls in question the legality and validity of the order dated 26th February 2007 passed by the Gujarat Revenue Tribunal in Revision Application No.TEN/BA/ 260 of 2001 and has also prayed for the following reliefs :

"(C) That the Hon'ble Court may be pleased to issue appropriate writ, order and/or directions declaring that the land in question situated at land bearing old survey No.168, 171, Block No.162 paiki, admeasuring Acre-4 and 22 Gntha, Moje Jagatpur, Taluka : Daskroi, (The Then) Ghatlodiya. District Ahmedabad, are having restrictions of Section 43 of the Bombay Tenancy and Agricultural Lands Act, 1948 and are "New Tenure" lands and may be pleased to issue necessary direction to the Respondent No.4 and Respondent No.6 to deposit the amount of premium as it may be fixed by the State Government.

(D) During the pendency, hearing and final disposal of the petition, Your Lordships may kindly be pleased to stay the operation, implementation and execution of the impugned orders passed by the Gujarat Revenue Tribunal in Revision Application No.TEN/BA/260 of 2001 dated 26.02.2007 and the order dated 23.11.1992 passed by the Mamlatdar & ALT, Daskroi

(E) Your Lordships may be pleased to pass such other and further relief in favour of the petitioner, as deemed just and proper, in the facts and circumstances of the case."

5. The case put up by the State of Gujarat, while questioning the legality and validity of the order passed by the Tribunal, is as under :

4.1 The land bearing old Survey No.168, 171, Block No.162 paiki, admeasuring Acre-4 and 22-Guntha, Moje Jagatpur, Taluka Daskroi, (The Then) Ghatlodiya, District Ahmadabad (hereinafter referred to as “Land in question” for sake of brevity. It is submitted that Respondent No.5 are the original owner of the land in question and Respondent no. 4 got the land as tenancy right as a tenant and respondent no.6 is subsequent purchaser of the land in question. Since the issue involved in the matter relates to the land in question and subsequent purchasers are affected by the outcome of the proceedings, they are joined a party respondents in the present petition.

4.2 That the land in question was running in the name of the Respondent No.5 and the father of the respondent no.4 i.e. Maganbhai Jivabhai was cultivating the land in question as “Protected Tenant”.

4.3 That upon coming into force of the Bombay Tenancy and Agricultural Lands Act, 1948 whereby the after initiating the proceedings under section 32-G of the Tenancy Act, 1948 Manubhai Maganbhai had purchased the said land in question after paying the purchase price and same was mutated in revenue record vide entry no.458 dated 23.07.1965. It is respectfully submitted that the since 1935-1936 to 1965-1966 Manubhai Maganbhai were cultivating the said land in question as "Protected Tenant”. they were declared as deemed purchasers.

4.4 The Petitioner states and submits that the right from the inception the land in question is shown as “New Tenure” land as reflected in the revenue record since 1939, 1940. Since the land the question was acquired by the Respondent No 4 as deemed purchaser under the provision of the Tenancy Act, 1948 the land in question has continued as res