HIRALAL UGRESHWAR TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LAND bearing survey No.500/28 of Village Dhandha was declared as Government waste land under the provisions of Bombay merged Territories and Areas (J.A.) Act, 1953 and entry No.4 was mutated. This was challenged by the petitioners and other persons by way of RTS Appeal No.6 of 1965, however, it was dismissed by the Collector on 2-4-1968. When it was carried before the Special Secretary(Appeal) by way of revision, said revision was dismissed on 30-7-1971 directing the Collector to hold inquiry under the provisions of Jagir Abolition Act and then to mutate fresh entry. Thereafter on 11-5-1972, Mamlatdar, Palanpur, held that the petitioners were the permanent holders of the land as they held the same since long and remanded the case. Order dated 11-5-1972 of Mamlatdar was set aside by Deputy Secretary (Appeals) and ordered for a decision afresh. Thereafter, the petitioners were held not entitled for the land under the Jagir Abolition Act by the Mamlatdar vide order dated 30-4-1973 which, when challenged before the Special Secretary, was dismissed. On 11-10-1995, the petitioner requested for non-removal of his unauthorized occupation by approaching the Mamlatdar, Palanpur. The petitioners in March, 1996 requested for regularization of their land bearing Survey No.504. Said application was rejected by the Collector, Banaskantha on 29-12-1997. They challenged the said order before Deputy Secretary (Appeals) by way of revision. However, it was rejected vide order dated 26-4-2000 on the ground that land was mutated in the name of Government since long and it was decided to allot the said land to the affected persons of Sipu Project for rehabilitation. Hence, the present petition.

(2.) HEARD learned advocate, Mr.Mehul Rathod for the petitioners and learned AGP, Ms.Manisha Narsinghani for the respondents.

(3.) THUS, the orders dated 29-12-1997 passed by the Collector, Banaskantha, and 26-4-2000 passed by the Deputy Secretary (Appeals) are quashed and set aside and matter is remanded to the Collector, Banaskantha, for a decision afresh. The Collector, after giving full opportunities of producing documents and hearing, will decide the same in light of the decision rendered qua other persons. Till such a decision is rendered by the Collector, status quo prevailing as on today shall remain in force. This Special Civil Application stands disposed of. Rule is made absolute to the aforesaid extent.