NATHABHAI PRABHUDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri Mengdey, learned AGP waives service of notice of Rule on behalf of respondent State. With the consent of the learned advocates for the respective parties and in the facts and circumstances of the case, matter is taken up for final hearing today.

(2.) By way of this petition under Article 227 of the Constitution of India, the petitioners-subsequent purchasers of the land in question have prayed for an appropriate writ, direction and order quashing and setting aside the impugned judgment and order dated 18.8.2009 passed by the Gujarat Revenue Tribunal in Revision Application No.TEN.BA. 02 of 2009 as well as the order dated 23.1.2009 passed by the Collector, Gandhinagar passed in Revision Application No.121 of 2007.

(3.) That the disputed land in question was a new tenure restricted land. That the original land owner approached the Mamlatdar and ALT to remove the restriction as new tenure and convert it into old tenure, under Section 70 (o) of the Bombay Tenancy Act and the Mamlatdar and ALT by an order dated 19.10.1989 removed the restriction imposed on the land in question. That, it so happened that after passing the order passed by the Mamlatdar and ALT removing the restriction and even before the order passed by the Mamlatdar and ALT is taken under suo motu revision, petitioners purchased the land in question by registered sale deed dated 4.4.2006. That the Collector, Gandhinagar took the order passed by the Mamlatdar and ALT dated 30.11.1961 into suo motu revision and by order dated 23.1.2009 quashed and set aside the order passed by the Mamlatdar and ALT dated 19.10.1989 removing the restriction imposed on the land in question meaning thereby restoring the status of the land in question as new tenure restricted land. That being aggrieved and dissatisfied with the order passed by the Collector , Gandhinagar dated 23.1.2009 passed in Suo Motu Revision Application No.121 of 2007, respondent no.1 herein-original land owner preferred Revision Application No. 02 of 2009, which came to be dismissed by the Gujarat Revenue Tribunal by impugned judgment and order dated 18.08.2009 confirming the order passed by the Collector, Gandhinagar dated 23.1.2009 in Tenancy Case No. 121 of 2007. Being aggrieved and dissatisfied with the aforesaid orders passed by the Collector , Gandhinagar as well as Gujarat Revenue Tribunal, petitioners being purchasers of the land in question have preferred the present Special Civil Application under Article 227 of the Constitution of India.