STATE OF GUJARAT Vs. BHIKHAJI KESHRAJI THAKOR

JUDGEMENT

(1.) IN this appeal, State of Gujarat seeks to challenge judgment and order dated 22.11.2010 passed by learned Single Judge in Special Civil Application No.13673 of 2010, whereby, learned Single Judge allowed the writ petition preferred by respondents herein - original petitioners by quashing and setting aside order dated 10.05.2010 passed by District Collector.

(2.) FACTS relevant for the purpose of deciding this appeal can be summarized as under :

(3.) RECORD reveals that original petitioners preferred an application to the Mamlatdar and ALT for necessary order holding the petitioners as tenants and deemed purchaser of the said land. The application was registered as Tenancy Case No.247 of 2007 and Mamlatdar and ALT passed an order dated 04.08.2007 declaring the original petitioners as tenants and deemed purchasers of the said land. Original petitioners also paid the purchase price as per the order passed by Mamlatdar and ALT. Original petitioners had asked for fixation of the premium for putting the land into non -agriculture use. This request came to be turned down by saying that Mamlatdar and ALT by its order dated 04.08.2007 had granted the land in question under Section 32(G) on the condition that the original petitioners shall pay purchase price. The purchase price came to be paid only on 24.08.2007 and therefore, it was construed by the authorities that there was no continuous possession of 15 years of the land in question from the date of grant.