Section 104 in The Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958
104. Application for possession of land made to different [Mamlatdars] [This word was substituted for the word 'Tahsildar' by Schedule III, Clause 1.] to be heard by designated [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule III, Clause 1.].
(1)If in the course of the hearing of an application for possession of any land made by a landlord under Section 38, the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule III, Clause 1.] of one area finds that the landlord had made a similar application to the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule III, Clause 1.] of another area for possession of other land held by him in that area, then the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule III, Clause 1.] shall refer the case to the Collector if the other land is in the same district, and to the [State Government] [These words were substituted for the word 'Commissioner' by Gujarat 15 of 1964, Section 4, Schedule] if the other land is in another district.(2)On receipt of the reference the Collector or the [State Government] [These words were substituted for the word 'Commissioner' by Gujarat 15 of 1964, Section 4, Schedule], as the case may be, shall-(a)call for the proceedings of the other application from the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule III, Clause 1.] concerned;(b)having regard, among other matters, to the extent of the land of which possession is sought under the different applications, transfer all the applications and proceedings to one of the [Mamlatdars] [This word was substituted for the word 'Tahsildar' by Schedule III, Clause 1.] for hearing and disposal; and(c)give an intimation of the transfer to the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule III, Clause 1.], the landlord and the tenants concerned.(3)The [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule III, Clause 1.] to whom the applications are so transferred shall exercise jurisdiction in respect thereof under this Act :Provided that, any order to be issued to the village officers, under sub-section (2) of Section 106 shall be issued by or through the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule III, Clause 1.] to whom such village officers are subordinate.
