HUSSAINBHAI JOYEBBHAI BHARMAL Vs. COLLECTOR

JUDGEMENT

(1.) WRIT petition was preferred by the appellant-writ petitioner for a direction on the respondents to certify kachcha entry no. 2794, dated 21th August, 2009 in the revenue records of the land bearing survey no. 224 paiki admeasuring 18 Acres and 39 Gunthas of village Nyara, Taluka Padhdhari, District-Rajkot. Further prayer was made to set aside the initiation of proceedings by the Collector under Sec. 211 of the Bombay Land Revenue Code, 1879 [hereinafter referred to as the Code] in Land-Revision-211-Case No. 9/2009-10 with respect to the aforesaid land. Prayer had also been made to set aside the order dated 7th/12th April, 2010 passed by the Collector, Rajkot in the aforesaid revision application.

(2.) LEARNED Single Judge, having dismissed the petition upholding the order passed by the Collector, Rajkot in the aforesaid revision application, the present appeal has been preferred.

(3.) AFTER such purchase, the appellant made an application before the District Inspector of Land Records [DILR] for measurement of the said land, but since the Mamlatdar was under the impression that the petitioner has encroached upon the government land, an inquiry under Sec. 37[2] of the Code came to be initiated. Pursuant to the same, inquiry was initiated by Deputy Collector under Sec.37[2] of the Code in the capacity of Incharge Collector. A case was registered being Case No. 1/2004-05 and after notice to the appellant and others and after hearing Talati, the appellant, Survey Officer and the office of DILR, an order was passed on 19th March, 2007 under Sec. 37[2] of the Code.