LALUBHA FATESING WAGHELA Vs. COLLECTOR

JUDGEMENT

(1.) Nobody appears for the Appellants - Petitioners, though name of learned Counsel Mr. Viral M.Pandya, is shown in the Cause-List. At the beginning of the day, some Junior Counsel mentioned for adjournment, but since he was not aware of any of the facts of the case, we turned down the said request and requested him to remain in the meeting so that the matter can be argued when the case is called out. However, nobody is present in the meeting, when the case is taken up.

(2.) We have perused the order of the learned Single Judge dated 28.06.2017 , by which the learned Single Judge has dismissed the Special Civil Application No.19251 of 2015 on the ground that upon the sale of the Old Tenure Land on the condition that the same shall be used for agricultural purposes, since the present Appellant - Petitioner, the purchaser, had constructed a Hotel on the said land in question, therefore, the proceedings were initiated against him for resuming the land and vesting the same in the State Government and as recorded in Para-3 of the order, the statement of the Assistant Government Pleader, Ms. Thakore, that the construction in question has been demolished and the land has been forfeited with the State Government. The learned Single Judge found that since there are concurrent findings of the three Revenue Authorities, there were no reason to interfere with the same in the Writ jurisdiction.

(3.) We do not find any further grounds to interfere with the said order of the learned Single Judge. The present Letters Patent Appeal is thus found devoid of any merits and the same is liable to be dismissed and accordingly dismissed. No order as to costs.