Deputy
Collector, the transaction was hit by the provisions of Section 73AA
of the Bombay Land Revenue Code (for short, the Code ).
Notice
was issued ... land be not taken over as there was
violation of Section 73AA of the Code.
The
petitioner appeared before the authority and contended that
made with
regards to property with restricted tenure, in present case Section
73AA of Bombay Land Revenue Code, in favour of a person who under ... land covered under the alleged Will was
of restricted tenure under Section 73AA of the Bombay Land Revenue
Code and no probate in respect
Bombay Land Revenue Code, 1879 read with sec. 73AA of the Code
for the prayers, inter alia, that the impugned order passed by the
Secretary ... constructed houses on the lands in question. However, the powers
under sec. 73AA of the Code could be exercised within a reasonable
period. The Deputy
authorities, the same was hit by
the provisions of Section 73AA of the Bombay Land Revenue Code.
Ultimately vide order dated November 30, 1996 passed ... petitioner was unauthorised
being hit by the provisions of Section 73AA of the Bombay
Land Revenue Code. Being dissatisfied with the said order, the
petitioner
order dated 29-8-2012 passed by the
Collector, Surat in Land/73AA/Appeal No.8 of 2011 whereby he has
dismissed the appeal filed ... Deputy Collector, Choryasi
Prant, Surat in Land Revenue Code Section 73AA/Remand Case No.1 of
2008 whereby the Deputy Collector has ordered forfeiture
Bombay
Tenancy Act as well as the Bombay Land Revenue Code (Section 73AA of
the Bombay Land Revenue Code). The same came to be confirmed ... Bombay Tenancy Act as well as the Bombay Land
Revenue Code (Section 73AA of the Bombay Land Revenue Code).
5. In
view of the above
parties.
2 Learned advocate for the
petitioner relies on provisions of Section 73AA of the Bombay Land
Revenue Code, 1879 [for short, `the Code ... proviso has reference to clause [a] of subsection [3] of section
73AA of the Code, 1879 will apply in case of transfer of occupancy /
land
Patel has raised two fold
contentions namely, about effect of Section 73AA of the Bombay Land
Revenue Code, 1879 (i.e. Restriction on transfer ... tribals to tribals or non-tribals) and sub-section 4 of
Section 73AA of the Code, by which suo-motu powers have been
exercised
court to the provisions of sub-section (4) of
section 73AA of the Bombay Land Revenue Code, 1879 to submit that
under the said provision ... case may be, can take action under the provisions of section 73AA
of the Code. It is inter alia submitted that in the present
case
stage, the land in question
was governed by the provisions of Section 73AA of the Bombay Land
Revenue Code and was of restricted tenure land
