MAVJIBHAI S PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.K.B.Pujara, learned advocate on behalf of the petitioner and Ms.Hansa Punanani, leraned AGP appearing on behalf of the respondents.

(2.) . In the present petition, RULE has been issued by this Court on 2nd May, 1991 and granted interim relief which continued till further order. It is required to be noted that respondent authorities have not filed any reply to the present petition and not challenged any averments made in the petition. In the present petition, order passed by the Gujarat Revenue Tribunal in Tenancy/B.A./567/87 decided on 29th August, 1988 is under challenge.

(3.) . The brief facts of the present petition are as under. The petitioners are Kachchi Patels and agriculturist by occupation since generations and they were holding agricultural lands jointly with their brothers at Khedbrahma in Sabarkantha District but as it was difficult to maintain their families in the small income from such lands of inferior quality, the petitioners migrated to village Nandol in Dehgam Taluka in the year 1975-1976 and started doing agricultural labour. In 1978 the petitioners purchased land of block No. 824 of Nandol by registered sale deed dated 2nd February, 1978 and started agricultural operations thereon. The said transfer was registered in the record of rights - Form No. 6 by entry No. 2644 dated 26-9-1978 which entry was approved on 6th / 16th February, 1979. Thereafter, by entry No. 2834 dated 29th December, 1980 the land was entered in the name of petitioner No.2 pursuant to family partition. This entry was also approved by the Mamlatdar on 30th January, 1981.