RAMESHCHANDRA KANJI JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Mehul S. Shah, learned advocate appearing on behalf of the petitioner and respondent No. 2 and Mr. S.P. Sen, learned AGP for the rest of the respondents State.

(2.) In the present petition, initially this Court has issued notice on 5th September, 1995 and directed to maintain status quo as on the date. Thereafter, on 13th October, 1995, this Court has issued rule and further directed that ad-interim relief granting directing to maintain status quo shall continue till final disposal of this petition,

(3.) The brief facts giving rise to this petition are as under: The respondent No. 2 was granted land of Survey No. 176/2 of village Moti Vavdi of Jamnagar Taluka under Rule 37 of the Gujarat Land Revenue Code and an agreement in the prescribed form was obtained from the respondent No. 2 on 2nd February, 1965 which provided a condition only to the effect that the grantee shall not transfer, alienate, sell etc, the land unless it is of the entire land. Therefore, the petitioner had entered into the agreement to sell with the respondent No. 2 for the sale of the land granted to the respondent No. 2 and got the same registered and obtained possession of the land pursuant to the same agreement. Thereafter, the Assistant Collector, Jamnagar issued a show-cause notice by registering breach of condition Case No. 27/89 alleging that the petitioner has committed a breach of the condition of the grant and therefore, notice under Sec. 79(a) of the Code is issued, against which the petitioner had filed written objections. Therefore, the Assistant Collector after hearing the respective parties rejected the objections submitted by the petitioner and passed order of confiscation of the land and summary eviction of the petitioner from the land in question. Thereafter, the petitioner had preferred appeal against the said order passed by the Assistant Collector before the Collector, Jamnagar being Appeal No. 68/1989 and drawn the attention of the Collector, Jamnagar in respect of the judgment delivered by the District Judge, Jamnagar in Regular Civil Appeal No. 114/1981 dated 7th September, 1982 wherein identical matter as well as questions were examined by the District Judge and ultimately come to the conclusion that in such situation, where agreement does not contain condition in Form-I, then by alienation of the entire land, there can be no breach of condition of the agreement and by that judgment and order of confiscation and summary eviction passed under Sec. 79-A was set side. However, it is the case that the said matter so decided by the District Judge, Jamnagar is also from the Jamnagar District. However, despite all these averments and contentions before the Collector, Jamnagar, who in turn dismissed the Appeal preferred by the petitioner by order dated 29th October, 1990 while confirming the order passed by the Assistant Collector, Jamnagar dated 27th June, 1989. Thereafter, the petitioner has approached the revisional authority by way of revision application before the Gujarat Revenue Tribunal being Revision Application No.1/1991. However, the Tribunal has also rejected the said revision application submitted by the petitioner by order dated 25th July, 1995. This is that order of the Tribunal challenged by the petitioner by way of this petition before this Court along with the orders passed by the Asstt. Collector and the Collector of Jamnagar District.