Gujart bombay revenue act for buying agriculture land by non
gaurav
(Querist) 21 August 2018
This query is : Resolved
hello sir,
my great grand father was non farmer and in 1953 my great grand father had purchased one land with partnership with gunot (Charan). during the registration mamladar found that he is non farmer and he charged him fine of Rs-1 as per rule 84A and registered his name as farmer and my great grandfather name was there is 7/12, after the deth of my great grand father my grand father and his one brother and one sister name added as per "varsai" but during that time Charan (Partner of land) file objection for this varsai but mamlad refuse his objection and entered my grand father name in 7/12..
in 2013 my grand father wants to entered our name in this property in their presence but when we apllied for that the charan again file objection by telling that this land was purchased by his father from my grand father with out any proof and our name was not entered in 7/12, we file complain against mamladar to collector office but rejected by telling my great grand father was non farmer and ordered to remove all our name from 7/12.. we gone to gandhinagar against this verdict but regected...
now we want to go to high court but not sure as per low we are correct or not please guide me about bombay revenue act
P. Venu
(Expert) 22 August 2018
Instead of rushing to the High Court, it is better that a civil suit is filed after serving Notice on the authorities in accordance with the provisions of Section 80 CPC.
gaurav
(Querist) 23 August 2018
P. Venu sir thanks for your reply,
kindly please explain me in detail since i am not aware about this section 80 CPC.
give me your whatsaap if possible.
M V Gupta
(Expert) 24 August 2018
Section 63 of the Bombay Agricultural Tenancy Act, 1948 forbids transfer of agricultural land to non agriculturist without permission of the Collector. as such the original transfer in favor of your GGF is illegal and not valid. .However you have stated that at the time of transfer your GGF was registered as farmer by the Mamlatdar under Rule 84A and then allowed the transfer in favor of ur GGF. if you have relevant documents you may have a good case to challenge the order of the collector by filing a Writ petition in the High court.Please consult a senior lawyer in the matter.
gaurav
(Querist) 24 August 2018
Gupta sir thanks for your reply,
kindly please guide me what type of relevant document will help me to challenge the collector order, i have 7/12 and 6A record in that its clearly mention by mamlatdar as per 84A fine Rs-1 and entered the name in 7/12.
also my Great grand father was doing agriculture work as mention in dastavej copy (land original contract) but he was non farmer, he could be call a tenant in that case?
M V Gupta
(Expert) 25 August 2018
Please show the documents to your lawyer and he will advise you further action.
