STATE OF GUJARAT Vs. SURSANGJI DHOLAJI THAKOR

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment and order dated 30.3.2017 of the learned Single Judge (Coram : Smt. Abhilasha Kumari, J.), allowing Special Civil Application No.4550 of 2017 filed by the Respondent - Sursangji Dholaji Thakor, who claimed to be in possession of the land admeasuring 5 Acres and 37 Gunthas situated in Bopal, Ahmedabad in Survey No.358 (Block No.482) which was declared to be Government Waste Land as per Revenue Entry Nos.2494, 2575, 2579 and 2580. Out of the said land, some portions were allotted to other persons like (i) Ganpatji Becharji (ii) Elavanji Chhagaji (iii) Pathaji Shanaji and (iv) Shivaji Hemaji.

(2.) The case of the Writ Petitioner - Sursangji Dholaji Thakor was that the remaining land admeasuring 1 Acre and 20 Gunthas was in his cultivatory possession for long period and, therefore, in terms of the State Policy dated 1.3.1960 (Annexure-R2 on record), the said land ought to have been allotted to him in terms of the said policy decision. The Respondent - Sursangji Dholaji Thakor had earlier approached this Court by way of Special Civil Application No.13910 of 2013 which came to be allowed by the same learned Single Judge (Coram : Smt. Abhilasha Kumari, J.) setting aside the impugned order of the District Collector and revisional order of SSRD and the petition was allowed with following observations :

(3.) In pursuance of the said decision of the learned Single Judge, the Writ Petitioner again approached the District Collector for allotment of the said land which again came to be rejected by the District Collector by the impugned order dated 23.1.2017, giving detailed reasons for such rejection again. The relevant extract of the said order in vernacular Gujarati language is quoted below for ready reference : English Translation :