NARENDRA D CHUDASAMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition styled in the nature of public interest litigation has been filed challenging an order dated 19.12.1994 passed by the Collector, Amreli. By the said order, Collector was pleased to grant permission to respondent no.5 to put the land bearing survey no. 910, admeasuring 12 acres and 21 gunthas of Jesingpara (the said land for short) to non agricultural use. It is this order of NA permission which is challenged by the petitioner on various grounds.

(2.) BRIEF facts are as follows :

(3.) IT is not in dispute that no further proceedings were carried against the said order and same thus achieved finality. Question of status of the land and right, title and interest of respondent no.5 thereon were thus finally decided by this Court by said order dated 16.5.1994. Combined effect of order passed by the Deputy Collector on 20.1.1994, by Government on 5.5.1994 and by this Court in writ petition on 16.5.1994 is that the said land is a Devasthan land and that respondent no.5 was holding the same as an inferior holder on the date of introduction of Gujarat Devasthan Inams Abolition Act and further that land is held otherwise than by way of restricted tenure.