GHYANDEEP COMPANY OP HOUSING SOCIETY Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) This petition is filed against an order passed by the Deputy Collector , confirmed by the Collector as also by the State Government.

(2.) The case of the petitioner was that it was a cooperative society registered under the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as `the Act'). There was agricultural land bearing Survey No. 79 of village Valpur , Taluka Nasvadi. It was granted to one Shivabhai Maganbhai Bhil . It appears that in pursuance of an application made, the land was permitted to be converted for non-agricultural use vide an order dated 27th January, 1977. Entry to that effect was made on December 28, 1977. It was the case of the petitioner society that the society got itself registered on 21st April , 1979 and purchased the above land on 14th May, 1979. Registered sale deed was executed in favour of the society. The society paid an amount of Rs. 42,580.00 . Entire amount was paid as reflected in the registered sale deed from 7th March, 1979 to 14th May, 1979. The society, thereafter, made construction of residential houses for its members.

(3.) Thereafter, in 1983, i.e. after about four years, suo motu proceedings were initiated by the Deputy Mamlatdar, Dabhoi and a case was registered as Sharat Bhang Case No.2 of 1983 and an order was passed holding that the sale effected by the vendor Shivabhai Maganbhai Bhil in favour of the society was illegal and contrary to law . Accordingly, vide his order dated 31st August, 1984 , the Deputy Mamlatdar set aside the sale and ordered that the land be forfeited to the Government in view of breach of conditions imposed on the grantee. He also passed an order that after recovery of nominal amount of Re. 1/-, land should be regranted in favour of the origial grantee.