DHABAWALA HASANBHAI KASAMBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these appeals are directed against the order of learned Single Judge dated 4.11.2003 passed in Special Civil Application No.15551 of 2003. By the impugned order, learned Single Judge dismissed the writ petition and confirmed the order passed by Deputy Collector, Chhota Udepur dated 15.9.2003.

(2.) As regards three parcels of land, the proceedings were initiated against the concerned land owners under the provisions of Section 65 of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short, 'the Tenancy Act'). Since the owner of the concerned land had not carried out agricultural activity though it is an agricultural land, a show cause notice was issued by the Deputy Collector against the appellants as to why the management should not be assumed by the State Government under the provisions of Section 65 of the Tenancy Act for the period of 10 years. After hearing the concerned land owner, the Deputy Collector in Tenancy Case No.1 of 2003 passed an order under Section 65 of the Tenancy Act by which the land in question is ordered to be taken away by the State Government for the purpose of its management for the period of 10 years.

(3.) The Deputy Collector came to the conclusion that since the land in question is not utilized for the agricultural activity for last more than 5 years and it is kept as waste land except growing the grass, there is no agricultural activity going on. The order under Section 65 of the Tenancy Act was passed by which the management of the land in question is taken away by the State Government for the period of 10 years. The said order of the Deputy Collector was challenged by the petitioners by way of aforesaid special civil application which we have referred to herein above. The learned Single Judge dismissed the said petition against which, these Letters Patent Appeals have been filed. The same are admitted long back and which are taken up for final hearing today.