MANSANG NIHALSANG Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing this petition, the petitioners have prayed to quash and set aside order dtd. 14/5/2012 passed by District Collector, Rajkot, in Case No.Land-Revision 211-Case No.2/2010-11. During the pendency of the petition, amendment is carried out and it is prayed to direct the respondent authorities to cancel Entry No.4630 dtd. 6/2/2015 for the land in question and all consequential mutation in the revenue record made thereafter.

(2.) The brief facts of the case of the petitioners are that on 10/6/1970 the petitioner was granted land bearing Survey No.729 paiki 16 Acres of Villiage:Mitana, Taluka:Tankara, District: Rajkot on new tenure basis for the purpose of cultivation by the Deputy Collector-Morbi, the respondent no.3 herein. It is respectfully stated and submitted that thereafter sanad was also granted on 20 th June, 1970. It is stated that the petitioner was cultivating the land in question and he has never committed any breach of condition of the grant of the land in question. It is stated that even in revenue record, the name of the petitioner was mutated.It is stated that the respondent no.3, on 7/6/2006 issued a Show Cause Notice to the petitioner for alleged breach of the condition of grant of the land in question by the petitioner. It is stated therein that the petitioner is not complying with the terms of Sanad and is not doing agricultural activities over the land in question. The petitioner gave detailed reply dtd. 20/6/2006 to the aforesaid Show Cause Notice.

(3.) Heard learned advocate, Mr.Nishit Gandhi for learned advocate Mr.S.P.Majmudar for the petitioners and learned AGP Ms.Dhwani Tripathi for the respondent-State.