JAISWAL DHIRAJLAL DHANILAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioners have prayed to quash and set aside the order passed by the Assistant Collector, Dabhoi, Vadodara, respondent no.3 herein, in Case No.5/2007 dated 31.07.2008, whereby, the land situated in mouje Alva, Taluka Vaghodia, bearing Survey No.178 paiki 7 H. 1-70-98 & 178 paiki 19 H. 0-95-10 was ordered to be vested in the Government for ten years and also the subsequent amended order dated 07.08.2008 passed by the same authority

(2.) The facts in brief are that petitioner no.1 herein is the original owner of the agricultural land in question. The ownership of the said lands was transferred in the name of petitioner no.2 by way of registered sale deed dated 08.02.2007. Since the property purchased by petitioner no.2 was an agricultural land purchased for recognized industrial purpose, petitioner no.2 made an application before the competent authority for obtaining necessary Certificate under the provisions of the Bombay Tenancy & Agricultural Lands Act, 1948 (for short, ?the Tenancy Act?) and the Bombay Land Revenue Code, 1879.

(3.) In pursuance thereof, respondent no.2-authority issued Notice to petitioner no.1 u/s. 65 of the Tenancy Act on the ground that the land in question had remained non-cultivated for the period from 2004 ? 2007. Thereafter, respondent no.3-authority passed the impugned order dated 31.07.2008 ordering vesting of the land in question with the State Government for ten years.