NAVNITLAL P SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed by the petitioner for quashing and setting aside the order passed by the Additional Chief Secretary (Appeals), Revenue Department, State of Gujarat on 7th December, 1989 (Annexure `D') in Revision Application and restoring the order passed by the District Development Officer, respondent No.2 on 30th May, 1981/ 15th June, 1981 (Annexure `C').

(2.) The case of the petitioner was that he is resident of town Balasinor . He is having his residential house in Balasinor which is situated in plot bearing survey No. 4957 of Balasinor. There was existing a strip of land admeasuring 27.26 sq.mts. It was irregular shape of land and since it was adjoining to the house of the petitioner, he made an application to respondent No.2 to grant the said land. Respondent No.2, initially, rejected the application which was challenged before the Special Secretary who allowed the revision application and remanded the matter. After remand, respondent No.2 passed an order on 15th June, 1981 (Annexure `C') wherein, it was specifically observed that looking to the location of the land in question, it was clear that it wad adjoining to the residential premises ofthe petitioner and that as per the resolution issued by the Revenue Department of the Government dated 16th September, 1970, such piece of land can be disposed of otherwise than by holding public auction. Accordingly, on the basis of the price fixed as per the report of the Deputy Town Planner, the land was sold to the petitioner at the rate of Rs. 140.00 per sq.mt. on certain terms and conditions.

(3.) It appears that one Gajendrabhai Manilal Modi, respondent No.3 filed a revision application before the Additional Chief Secretary who allowed the revision application on 7th December, 1989 by holding that the order passed by respondent No.2 was illegal, null and void. Said order is challenged in the present petition.