Section 19 in Gujarat Devasthan Inams Abolition Act, 1969
19. Actions taken or things done after 18th March 1968 but before the appointed day to be void.
(1)Where after the 18th March 1968 but before the appointed day, the inamdar, the inferior holder or the authorised holder has taken any action or done anything in relation to Devasthan land so as to affect the rights of the tenant in respect of such land or to evict the tenant from such land, then, notwithstanding anything contained in any law for the time being in force, such action or thing shall, unless it is proved to the contrary, be deemed to have been taken or done in anticipation in order to defeat the object of this Act or the tenancy law.(2)The inamdar, the inferior holder or the authorised holder affected by the provisions of subsection (1) may, within the prescribed period and in the prescribed form, make an application to the Collector for a declaration that the action or thing was not taken or done in anticipation in order to defeat the object of this Act or the tenancy law.(3)On receipt of such application, the Collector shall hold an inquiry in the manner provided by the Code and after giving an opportunity to the applicant as well as to the tenant affected by such action or thing to be heard and considering the evidence which may be produced, decide whether the action or thing was or was not taken or done in anticipation in order to defeat the object of this Act or the tenancy law and accordingly may reject the application or by order in writing make a declaration that the action or thing was not taken or done in anticipation in order to defeat the object of this Act or the tenancy law.(4)Where the application is rejected, the action taken or the thing done shall be deemed to be void.(5)Where no such application is made by the inamdar, the inferior holder or, as the case may be the authorised holder within the period prescribed under sub-section (2), the action so token or the thing so done shall, on the expiry of such period, be deemed to be void and the tenant affected by such action or thing shall, on an application made to the Collector in that behalf, be entitled to obtain a declaration that such action or thing is void.(6)Where any such action or thins is deemed to be or declared to be void under sub-section (4) or (5), the tenant shall be entitled to restoration of his rights as if such action was not taken or such thine was not done or, as the case may be, the tenant shall be entitled to obtain possession of the land from which he was evicted.
