ORAL JUDGMENT

1. The present petition has been filed by the Petitioner under Article 227 of the Constitution of India as well as under the Provisions of the Bombay Land Revenue Code (hereinafter referred to as “the Code”) for the prayer iner alia that the impugned order passed by the Deputy Secretary (Appeals), Gujarat State, Ahmedabad in Revision Application No.34 of 1992 dated 6.2.1994 at Annexure-D confirming the order passed by the lower authority (Collector), Bharuch in Appeal No.21 of 1990 at Annexure-C may be quashed and set aside on the grounds stated in the petition.

2. Heard learned Advocate Shri Chinmay M. Gandhi for the petitioner, learned AGP Shri Manan Mehta for Respondent No.2 as well as learned Advocate Ms. Amrita Ajmera for Respondent No.1.

3. The short point, which arose in the present case is with regard to the applicability of the provisions of Section 73A of the Code in purported exercise of which the order came to be passed. Learned Advocate Shri Gandhi referred to the background of the facts and submitted that as stated in the order, the land was given to the petitioner by tribal Jitabhai Soniabhai Tadvi, who, by a registered sale deed dated 23.7.1976 sold this