Heard Mr. Shirish H. Sanjanwala, learned Senior Advocate with Mr. S.P. Majmudar for the petitioners. Mr. Sanjanwala contended that the powers under Section 76A of the Bombay Tenancy and Agricultural Lands Act, 1948 are exercised by the authority beyond the period of one year. Mr. Sanjanwala relied upon the judgment of this Court in the case of Thakorbhai Tribhovandas Rao & Ors. Vs. State of Gujarat & Ors., reported in 1995 (1) GLR 636 and the Division Bench judgment of this Court in the case of Revandas Ranchhodbhai Rathod Vs. Jyotiben wd/o Rameshbhai Madhusudan Thakar & Ors., reported in 2011 (3) GLH 1.
In view of the the aforesaid, the matter requires consideration. Hence, RULE. Adinterim relief shall continue till final disposal of this petition on condition that the petitioner shall not change the use of the land in question and shall not deal with it or transfer or alienate or develop the land in question in any manner whatsoever. The petitioner shall file an undertaking to that effect on affidavit within a period of one week from today. Direct service is permitted.
[R.M.CHHAYA, J.] mrpandya HC-NIC Page 2 of 2 Created On Tue Jun 14 03:38:06 IST 2016