DHIRAJLAL NATHABHAI GAJERA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant original petitioners against the order dated 9.10.2009 passed by the learned Single Judge in Special Civil Application No. 788 of 2009. By the said order, the writ petition preferred by the petitioners was dismissed.

(2.) THE case relates to agricultural land admeasuring H 1 24 44 bearing Survey No. 127 in village Gotri, Taluka and District Vadodara which originally belonged to Bai Chanchalben, widow of Becharbhai Dadabhai Barot, who was the original owner of the land. One Shri Punjabhai Padhiyar was the tenant. THE said tenant purchased the land from the widow by a registered sale deed dated 10.8.1960.

(3.) THE sale of agricultural land to a particular person is only permissible under Section 64 under which the landlord who intends to sell any land is required to apply to the Tribunal for determining the reasonable price thereof. After the Tribunal determines the reasonable price, the landlord thereafter will first make an offer to the tenant in actual possession thereof and thereafter if the tenant does not agree, to all persons and bodies mentioned in the priority list. Under sub-section (8) of Section 64, any sale made in contravention of Section 64 shall be invalid, which reads as follows :-