KETA S DUTIA Vs. COLLECTOR

JUDGEMENT

(1.) PRESENT Special Civil Application under Articles 226 and 227 of the Constitution of India has been preferred by the petitioners to quash and set aside the impugned order passed by the learned Revisional AuthoritySecretary (Appeals), Revenue Department, State of Gujarat dated 23.3.2000 passed in Revision Application No. SRD/JMN/VLS/6/1999 confirming the order passed by the Collector, Valsad dated 12.8.1999 by which the application of the father of the petitioner late Sarosh Sorabji Dutia for regrant of the land in question has been rejected.

(2.) THE facts leading to the present Special Civil Application in nutshell are as under:

(3.) PRESENT petition is opposed by Ms. Nisha Thakore, learned Assistant Government Pleader appearing on behalf of the State Government. It is submitted that as such on introduction of Gujarat Patel Watans Abolition Act the land in question was resumed by the Government in the year 1973 and necessary mutation entries were made in the revenue record in 1963 being mutation entries no. 148 and 151. That thereafter all throughout the lands in question were shown as Government Padtar land. It is submitted that thereafter the lands in question were given to the original applicant and thereafter on his death, given to the petitioners herein for cultivation on Eksali basis. It is submitted that therefore, as per the policy of the State Government, the lands in question were to be regranted, they were required to be re granted on accepting the market price under the Land Ceiling Act. It is submitted that therefore, the original applicant was communicated the decision of the State Government and / or directed to pay market price, however as the original applicant failed to make the said payment, application of the original applicant for regrant of the land has been rejected, which is rightly confirmed by the Revisional Authority. It is submitted that as such in the facts and circumstances of the case resolution dated 16.3.1992 would not be applicable at all. It is submitted that the said resolution would be applicable with respect to the land which is already regranted as new tenure land and it is to be converted into old tenure land. By making above submissions, it is requested to dismiss the present Special Civil Application.