STATE OF GUJARAT Vs. NAJABHAI RANABHAI MESURIYA

JUDGEMENT

(1.) This Second Appeal is filed by the State of Gujarat being aggrieved by the judgment and decree passed by the learned Assistant Judge, Amreli in Regular Civil Appeal No. 59 of 1982 on 9th November 1983 confirming thereby the judgment and decree passed in Regular Civil Suit No. 316 of 1980 passed by the Civil Judge (S.D.), Amreli. The appellant -State of Gujarat, was defendant in the above -said Regular Civil Suit No. 316 of 1980 and the present respondent filed the suit stating that he has purchased a plot from Survey No. 1659 situated on Chakkargadh Road, at Amreli from its original owner, one Shantilal Hiralal Adatia and thereafter, the respondent -original plaintiff constructed a kuchcha house on the said plot for his residence. For the said construction, the Mamlatdar, Amreli started a proceedings against the plaintiff which was N.A. No. 449 of 1980 because the Mamlatdar considered that such construction on said plot, i.e. on agriculture land, was against the law and without permission. The Mamlatdar, Amreli ultimately ordered the plaintiff to pay Rs. 3258.10 Ps. towards non -agricultural assessment and penalty, etc. The plaintiff filed the suit stating that the order of the Mamlatdar was without jurisdiction and void and against the principle of natural justice. Therefore, a declaration was sought to declare the said order of the Mamlatdar to be illegal, void and without jurisdiction. The State of Gujarat -defendant, resisted the suit and contended that as per law such non -agricultural assessment, etc. was recoverable for which sufficient opportunities were given to the plaintiff. In addition to this, legal contentions that there was no notice under Section 80, that the suit was time barred and that the Civil Court has not jurisdiction to try this suit, were also taken by the present appellant. However, after the trial, the learned Civil Judge (S.D.), Amreli vide judgment and decree dated 8th March 1988 came to the conclusion that the defendants were not entitled to recover the composition fee from the plaintiff. It was also ordered that the defendants were entitled to recover the amount of Non -agricultural assessment and penalty from the plaintiff. By way of a permanent injunction, the defendants were restrained by the Trial Court to recover the composition fee from the plaintiff. The District Court, Amreli in Regular Civil Appeal No. 59 of 1982 vide judgment and order of the Asst. Judge, Amreli on 9 -11 -1983 confirmed the judgment and decree passed by the Trial Court and dismissed the appeal filed by the State of Gujarat -original defendant. Hence, this Second Appeal by the State of Gujarat.

(2.) xxx xxx xxx.

(3.) xxx xxx xxx.