ANJANABEN CHANDULAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Brahmbhatt for the petitioner, and Mr. Parikh, learned AGP for the respondents.

(2.) The petitioner is the owner of Survey No.18/2 of Village Zundal, Taluka & District Gandhinagar. Her grievance is that her forefather had been the owner of the land from the beginning and the tenant refused to purchase the land. The land, therefore, would automatically fall back to the owner. This had so happened in the proceeding under Section 32-G of the Bombay Tenancy and Agricultural Lands Act, 1948, in the year 1959. However, at later point of time, in the year 1967 the land had been declared to be of a new tenure and this has aggrieved the petitioner.

(3.) The learned advocate for the petitioner is not able to dispute the fact that in the proceeding under Section 32-G of the Tenancy Act, the petitioner (land owner) were party. As a corollary, it can be inferred that they were aware about the outcome of the proceeding and the land having been declared as new tenure land. This aspect came to be challenged in the year 2003, nearly after 36 years, and by the impugned order, the Additional Chief Secretary (Appeals), Revenue Department, after considering the merits of the petitioner's case, turned down the appeal while taking into consideration also the fact that the challenge is at a belated stage.