VASANTBA ANOPSINH RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Rathore, learned advocate for the applicants, Ms. Asmita Patel, learned AGP for the respondent Nos. 1 to 3 and Mr. Zalak B. Pipalia, learned advocate for the respondent Nos. 4 to 6.

(2.) By this application, the applicants are seeking impleadment as respondents in Special Civil Application No.4195 of 2019 preferred by the respondent Nos. 4 to 6 to assail the order dated 08.06.2009 passed by the Collector, Rajkot has confirmed in Appeal by Special Secretary by order dated 07.08.2018, whereunder, the transfer of subject land in favour of the respondent Nos. 4 to 6 on the basis of registered gift executed by the Anup Singh, who happens to be the father of the applicants is held to be in violation of Section 54 of the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949 as the private respondents are not agriculturist of State of Gujarat. Though, they are found to be agriculturist of State of Jammun & Kashmir. This Court has by order dated 06.03.2019 has admitted the petition and has protected the private respondents by granting interim relief in terms of para-12(D).

(3.) Mr. Rathore, learned advocate for the applicants submits that pursuant to the impugned order name of Anup Singh father of the applicants is entered in the Revenue Record. It is his further submission that the respondent Nos. 4 to 6 have acted in breach of terms of gift deed as the land was gifted to them for public purposes. However, they converted the land into non agricultural land and have sold them to 3rd party. It is his submission that since the name of the applicants is entered in the Revenue Record, the applicants are necessary parties in the Special Civil Application, and he, therefore, submits that this application may be allowed.