KOLI MAVJIBHAI MOHANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present appeal filed under Clause 15 of the Letters Patent, the present appellant has challenged the order dtd. 29/9/2017 passed by the learned Single Judge in rejecting Special Civil Application No.1558 of 2017 filed by the appellant.

(2.) On 7/7/2021, this Court passed the following order:

(3.) Brief facts giving rise to filing of the present appeal are that one Dadabhai Ravatbhai was given the land bearing Survey No.570 paiki, admeasuring 9-21 Acres-Gunthas situated at village Noli, Taluka Sayla, District Surendranagar by the State Government on Santhani basis. Since the land was given on Santhani basis, the same was meant for personal cultivation only for earning the livelihood of the allottee. In the year 1991 Dadabhai Ravatbhai, without obtaining permission from the competent authority transferred the entire parcel of land by way of registered sale deed in favour of the present appellants. In respect of the aforesaid sale, the entry Nos.1582 and 1586 were mutated on 1/12/1994 and were certified by Mamlatdar, Sayla on 2/1/1995. Thereafter, the Deputy Collector, Limdi initiated suo motu proceedings and issued show cause notice dtd. 4/4/1995 to the original petitioners stating that the land in question was a new tenure indivisible land and the same was under The Gujarat Agricultural Land Ceiling Act, 1960 (for short, " Land Ceiling Act ") and was given on Santhani basis to Dadabhai Ravatbhai and hence there is breach of conditions committed by the petitioners.