VADNAGAR NAGARIK MANDAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Letters Patent Appeal has been preferred by the appellant hereinoriginal petitioner Shri Vadnagar Nagrik Mandal challenging the impugned order passed by the learned Single Judge dated 2.3.2005 passed in Special Civil Application No. 92 of 2005, by which, said Special Civil Application preferred by the appellant herein original petitioner challenging the order passed by the Collector, Mehsana rejecting the application of the appellant to renew the lease with respect to the land which was leased in favour of the appellant in the year 1968 confirmed by the order passed by the State Government passed in Revision Application, has been dismissed.

(2.) THE facts leading to the present Letters Patent Appeal in nutshell are as under:

(3.) PRESENT Appeal is opposed by Ms. Nisha Thakore, learned Assistant Government Pleader on behalf of respondent authority. She has placed on record the copy of panchnama showing the position of the land in question as on today. It is submitted that even today the land in question is fallow land. It is submitted that as such the appellant has no right to claim renewal of the lease and cannot compel the State / Government to renew the lease. It is further submitted that even initially the lease was granted at the token rent of Rs.1 per year for a period of 15 years and thereafter the same came to be renewed for a further period of 15 years under Rule 32 A of the Land Revenue Rules and on the terms and conditions mentioned in Form No. DD of the Land Revenue Rules. It is submitted that even Rule 32 A of the Land Revenue Rules, the lease cannot be for more than 30 years. It is submitted that period of 30 years had already expired. It is submitted that as it was specifically found that the land in question was not used by the appellant for the purpose for which it was used even during the period of lease and the land in question was required by the State Government / Collector for public purpose, no illegality has been committed by the Collector in not renewing the lease and the same has been rightly confirmed by the revisional authority as well as State Government. By making above submissions, it is requested to dismiss the present Letters Patent Appeal.