STATE OF GUJARAT Vs. GOVINDBHAI DEVSHIBHAI

JUDGEMENT

(1.) Rule. Mr. Mehul Sharad Shah, learned advocate with Mr. Jay Thakkar, learned advocate waives service of notice on behalf of respondent. Rule is fixed forthwith.

(2.) By way of present petition, the State of Gujarat has challenged the order dtd. 19/8/1997 passed by the learned Gujarat Revenue Tribunal in Appeal No. TEN.A.R. 8/95 setting aside the order of the learned Collector, Rajkot.

(3.) Brief facts of the case is that private respondent has submitted an application to the Mamlatdar, Rajkot on 15/3/1993 that he has purchased the land about 1000 sq. Yds from S. No.38/4 of Village Vavdi, Taluka & District: Rajkot by registered sale document bearing No. 145 dtd. 5/1/89 from the heirs of Parsottambhai Fulabhai . The land was originally belonging to Girasdar Naransinh Bhagvatsinh and Natubha Naransinh, who by registered sale-deed No. 76/1949 had sold as "Aghat", admeasuring 2000 Sq. Yds to Parsottambhai Fulabhia, out of which the private respondent has purchased 1000 Sq. Yds from Parsottambhai Fulabhai. As the disputed land was not entered into revenue records as "Aghat" sale to him, the private respondent requested the Mamlatdar to regularise under the Rules prevailing in 1949 in the erstwhile Saurashtra State.