JIGARBHAI KAUSHIKBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition under Article 226 of the Constitution of India, the petitioner has challenged the legality and validity of the impugned communication dtd. 2/12/2019 by virtue of which a request dtd. 15/11/2019 came to be turned out.

(2.) The background of the facts which has given rise to the present petition is that the petitioner has purchased the land in dispute through registered sale deed dtd. 20/9/2016 and this subject land is an agricultural land bearing Block / Survey No.2659 admeasuring 3845 Sq. Mtrs. situated at Mouje Kakarkhad Party, Taluka Nadiad City, District Kheda, which was purchased as a bona fide purchaser after making full payment by way of consideration. This transaction of sale has been mutated in the revenue records vide Mutation Entry No.26267. The predecessor-in-title of the petitioner was declared as a tenant by the learned Mamlatdar and A.L.T., Nadiad vide order dtd. 19/4/2005. The said order came to be confirmed by the learned Deputy Collector (Land Reforms), Nadiad on 15/12/2006 and both the said orders also came to be confirmed by the learned Gujarat Revenue Tribunal, Ahmedabad vide order dtd. 11/4/2012 and as such, by virtue of these orders, the predecessor of the petitioner was declared as a tenant of the subject land and these orders were also challenged by way of petition before this Court being Special Civil Application No.3372 of 2014, which also came to be disposed of by confirming the orders vide judgment and order dtd. 27/6/2017.

(3.) The present petition came up for consideration before the Co-ordinate Bench of this Court in which the Court has issued notice vide order dtd. 24/12/2019 and after passage of time has came up for consideration before this Court with the aforesaid backgrounds.