STATE OF GUJARAT Vs. HARIBHAI RAICHANDBHAI GOTHI PATEL

JUDGEMENT

(1.) ADMIT. With consent of learned advocates for the parties, we have taken up this appeal for final disposal today.

(2.) WE have heard Mr. NJ Shah, learned AGP for the State and Mr. AY Bachani, learned Counsel for the respondent. This LPA has been filed challenging the judgment of learned Single Judge dated 25/10/2010 passed in SCA no. 13680/2010.

(3.) THE Deputy Collector passed an order on 28/6/2007 and directed that the land being new tenure land to be handed over to the State Government. THE order of Deputy Collector was challenged in Appeal no. 33/2007 before the Collector, who has also rejected the appeal on 19/3/2008. THEreafter, respondent filed revision application before the Special Secretary, Revenue Department, which was also rejected on 19/9/2008. All these three orders were challenged by respondent before learned Single Judge. THE learned Single Judge without going into the factual aspect of the matter and taking into consideration facts of the case held that vendor of the land has committed mischief. Learned Single Judge did not enter into the merits of the case that the vendor of the land namely Thakor Amarsing Talaji has committed mischief on the respondent and has filed false complaint before Deputy Collector. In as much as, in the sale deed, he himself admitted fact that the land is being old tenure land. Further, learned Single Judge failed to appreciate that the sale deed was executed on 1/12/1987 and name of the respondent was mutated on 20/1/1989. THE complaint was made in the year 2007 by the vendor of the respondent after 19 years of sell to the respondent. It is prima facie illegally held that land is being a new tenure land after 19 years, precisely relying on the mischievous person.