VARVABHAI C RABARI Vs. ASSTT COLLECTOR

JUDGEMENT

(1.) Mr.Shelat, learned advocate for the petitioner submitted that the petitioner was cultivating the land bearing Survey No.470 admeasuring 4 acres, 17 gunthas situated at village Dhinij, Taluka Chanasma. It is the case of the petitioner that the said land stood in the name of one Jijiben, widow of Magha Mashru. Out of the said land, 1 acre and 18 gunthas was sold to one Ajitkumar Thobhandas, who is respondent no.3 herein. Said Ajitkumar, though served has not chosen to appear either personally or through an advocate. The petitioner having come to know about the sale transaction, applied on 12.8.1990 to respondent no.2, Mamlatdar & A.L.T. for taking appropriate actions.

(2.) It is further submitted that by an order dated 16.11.1981 passed by respondent no.2, the Mamlatdar & A.L.T., the petitioner was declared to be a tenant of the land admeasuring 2 acres, 39 gunthas (Paiki) from the aforesaid survey no.470, that respondent no.2, withdrew the proceedings with respect to the land admeasuring 1 acre, 18 gunthas, which was sold to respondent no.3, Ajitkumar. Being aggrieved of the said order the petitioner preferred appeal to that limited extent, before respondent no.1, Assistant Collector, Patan contending that he was the tenant in respect of the said parcel of the land admeasuring 1 acre, 18 gunthas also. The respondent no.1 by his order dated 28.2.1983 upheld the order of the Mamlatdar declaring the petitioner to be the tenant in respect of the land admeasuring 2 acres, 39 gunthas and remanded the matter to respondent no.2 to hold fresh inquiry with regard to the land admeasuring 1 acre and 18 gunthas.

(3.) It is further submitted that on remand, respondent no.2, Mamlatdar held inquiry, afresh and passed an order dated 6.7.1983 whereby the sale transaction regarding the land admeasuring 1 acre and 18 gunthas from survey no.470 was set aside and the order of forfeiture also came to be passed. A copy of the said order dated 6.7.1983 is produced at Annexure 'B' to this petition. It is further given out that subsequently by an order dated 20.7.1986, the land in question admeasuring 1 acre an 18 gunthas from survey no.470 came to be granted to the present petitioner.