2018 JUDGMENT
directed to initiate the proceedings under Section 84-C of the
Tenancy Act for regularization of sale transaction in favour of the
tenant ... Mamlatdar and ALT had initiated the proceedings under Section 32G
of the Tenancy Act. It was also observed that the proceedings under
Section
found
under sec. 84 of the Bombay Tenancy Act, whereas
sec. 84(A)of the said Act relates to validation of
transfer made before ... transfer of land to nonagriculturist is
contained in sec. 63 of the Bombay Tenancy Act and
the effect of transfer in contravention of secs
order dated 30.01.2013 in terms of the
provisions of Section 63 read with Section 84 (C) declared that
the transfer / acquisition of the land ... provisions of Section 63 declared that the suit transaction
is in contravention of provisions of Section 63 of the Tenancy
Act. However, the learned Member
Lands Act, 1948, are
circumscribed. Section 76 of the Act reads thus :
"(1) Notwithstanding anything contained in the Bombay
Revenue Tribunal Act ... under Section 21 of the Punjab General
Sales Tax Act, 1948 held thus :
"17. A bare reading of Section 21 of the Act would
definition of sub-section (2) of Section 2 and sub-section (6) of
Section 2 of the Act, he has submitted that the land, which ... Lands Act, 1948 and
section 54 of the Saurashtra Tenancy and Garkhed Settlement Ordinance
and section 89 of the Bombay Tenancy and Agricultural Land [Vidarba
period of limitation
prescribed under Section 211, the power of the Commissioner
to revise order under Section 65 must be exercised in a
reasonable time ... with respect to the power under Section 84-
C of the Bombay Tenancy and Agricultural Lands Act, 1976,
held that wherever a power is vested
petition is only with
regard to applicability of Tenancy
Act . Section 43 of the Tenancy Act
reads as under :-
"43. Restriction on transfers ... transfer as
defined under Section 57 of the
said Act.
12. I have gone through Section 43
of the Tenancy Act as well as
Section
wherein, while
considering the provisions of Section 84-C of the
Bombay Tenancy and Agricultural Lands Act, 1976, it is
held that though the said ... initiated a
suo motu enquiry under Section 84-C of the
Bombay Tenancy and Agricultural Lands Act,
1948 as applicable to the State of Gujarat
Act dealing with
transactions in respect of land within the meaning of
the Act. The provisions of Section 5(1) of the Act
prohibits ... proceedings under Section
83 of the Act for violation of the provisions of Section
79A and 79B of the Act. The Act does not prescribe
when the same
was clearly and specifically barred by Sec.85
of the Tenancy Act. According to Mr.Shah, the
issue under the Tenancy Act ... Shah would
invite the attention of the Court to Sec.90
of the Tenancy Act to contend that the
provisions of the Bombay Land Revenue
