STATE OF GUJARAT Vs. KARUNAKUMARI GIRDHARILAL

JUDGEMENT

(1.) By this writ petition, the petitioner-State is challenging the judgment and order dated 17.02.2016 passed by the Gujarat Revenue Tribunal (hereinafter referred to as "the Tribunal) passed in the Revision Application No.TEN/BA/205 of 2012.

(2.) Learned AGP Mr.Dhawan Jayswal appearing for the State has submitted that from the record it appears that with respect to lands bearing Survey nos.111, 112, 113, 117 and 118 of Mauje Village Randesan, Taluka and District Gandhinagar, the sale transaction took place in favour of the present respondent no.1 on 28.10.2004 by way of registered sale deed. He has submitted that thereafter one Mr.Ambalal Mathurdas Patel addressed one application on 25.05.2010 pointing out that the respondent no.1, who purchased the aforesaid land, is not an agriculturist.

(3.) It is asserted that the Deputy Collector (Land Reforms), Gandhinagar, considering the fact that respondent no.1 has been conferred the status of agriculturist by getting the land bearing survey Block No.43 of Mauje Ajitpura, Taluka and District Vadodara by way of execution of a Will by one Shri Nanabhai Thakurbhai Gheevala on 16.05.2000 in favour of the respondent no.1; the aforesaid proceedings were initiated. He has submitted that since there is no clarity or clear evidence in this regard, the Deputy Collector (Land Reforms) decided the aforesaid revision vide order dated 08.06.2012 by setting aside the order dated 17.06.2011 passed by the Mamlatdar & ALT and remanded the case to the Mamlatdar, Gandhinagar to decide afresh considering the observations made therein.