BHANJI DEVSHIBHAI LUHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Appeal under Clause-15 of the Letters Patent is directed against the order dated 17.11.2009 passed by the learned Single Judge dismissing the writ petition filed by present Appellant against the order dated 27.3.2009 passed by the Revisional Authority in Revision Application No. 42 of 2005. By the said order dated 27.3.2009 the Revisional Authority confirmed the order dated 6.8.2001 passed by the Collector, Surendranagar in Appeal No. 68 of 1999, by which the Collector had confirmed the order dated 2.2.2000 passed by the Deputy Collector. By the impugned orders the sale and consequent transfer of land in question in favour of the Appellant is held to be in breach of Section 54 of Saurashtra Gharkhed Tenancy Settlement and Agricultural Land Ordinance, 1949 ("Ordinance" for short) and the authority has directed in exercise of power under Section 75 of the Ordinance, to evict the Appellant from the land in question. The petition against the said orders is also dismissed by the learned Single Judge.

(2.) The facts involved in and relevant for the purpose of present appeal are as follows:

(3.) Mr. Nehal R. Joshi learned advocate has appeared for the Appellant-Petitioner. Ms. Krina Calla, learned AGP has appeared for the Respondent Nos. 1 to 3. For Respondent No. 4 no one has entered appearance, though served. We have heard the learned Counsel for the respective parties and perused the record. Rule. At the request of the Appellant and with consent of AGP, the appeal is heard for final decision.