Gujarat Tenancy and Agricultural Lands Act, 1948
(1) Where in respect of the transfer or acquisition of any land made on or after the commencement of the Amending Act, 1955, the Mamlatdar suo motu or on the application of any person interested in such land has reason to believe that such transfer or acquisition is or becomes invalid under any of the provisions of this Act, the Mamlatdar shall issue a notice and hold any inquiry as provided for in section 84B and decide whether the transfer or acquisition is or is not invalid. (2) If after holding such inquiry, the Mamlatdar comes to a conclusion that the transfer or acquisition of land to be invalid, he shall make an order declaring the transfer or acquisition to be invalid, [unless the parties to such transfer or acquisition give an undertaking in writing that within a period of three months from such date as the Mamlatdar may fix, they shall restore the land and the rights and interest therein to the position in which it was immediately before the transfer or acquisition, and the land is so restored within that period]: 3[ Provided that where the transfer of land was made by the landlord to the tenant of the land and the area of the land so transferred together with the area of other land, if any, cultivated personally by the tenant did not exceed the ceiling area, the Mamlatdar shall not declare such transfer to be invalid- (i) if the amount received by the landlord as the price of the land is equal to or less than the reasonable price determined under section 63A and the transferee pays to the State Government a penalty equal to ₹ 1 within such period not exceeding three months as the Mamlatdar may fix; (ii) if the amount received by the landlord as the price of the land is in excess of the reasonable price determined under section 63A and the transferor as well as the transferee pays to the State Government each a penalty equal to one-tenth of the reasonable price within such period as may be fixed by the Mamlatdar.] (3) On the declaration made by the Mamlatdar under sub-section (2),— (a) the land shall be deemed to vest in the State Government, free from all encumbrances lawfully subsisting thereon on the date of such vesting and shall be disposed of in the manner provided in sub-section (4); the encumbrances shall be paid out of the occupancy price in the manner provided in section 32Q for the payment of encumbrances out of the purchase price of the sale of land but the right of the holder of such encumbrances to proceed against the person liable, for the enforcement of his right in any other manner, shall not be affected; continued to remain in actual possession, with or without the consent of the landlord, of such land or, as the case may be, part thereof till the latter date had been dispossessed of such land or part thereof by the landlord at any time during the period between the latter date and the specified date, and the Mamlatdar suo motu or on the application of the person so dispossessed or of any other person inserted in such land or part thereof has reason to believe that such dispossession was effected in anticipation in order to defeat the object of section 32FF, the Mamlatdar shall issue a notice in the prescribed form to the landlord to show cause as to why such dispossession should not be declared to have been effected in anticipation in order to defeat the object of section 32FF. (2) If after hearing the landlord and holding such inquiry as the Mamlatdar thinks fit, the Mamlatdar declares that the dispossession was effected in anticipation in order to defeat the object of section 32FF, he shall direct that the land or, as the case may be, part thereof, shall be restored to the person who has been dispossessed. (3) If the person to whom the land or, as the case may be, part thereof, if directed to be restored refuses to take possession thereof, the land shall be deemed to vest in the State Government free from all encumbrances lawfully subsisting thereon on the date of such vesting and shall be disposed of in the manner provided in sub-section (4) of section 84C. (4) If the person to whom the land or, as the case may be, part thereof, is directed to be restored takes possession thereof, such person shall be deemed to have continued to remain in actual possession thereof during the period of dispossession as if he had not been dispossessed of such land, or, as the case may be, part thereof.