PATEL DILIPBHAI CHUNILAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing both these petitions, it is prayed to hold and declare that Circular No.S.-30-2207-3347-Z issued by Revenue Department, State of Gujarat dtd. 9/4/2010 issued on the strength of Saurashtra Barkhali Abolition Act, 1951 shall be applicable only with respect to the areas of Saurashtra of the State of Gujarat and not to any other areas or parts of State of Gujarat, more particularly the subject land situated at Mouje: Manjusar, Taluka: Savli, District: Vadodara. It is further prayed in Special Civil Application No.4439 of 2020 that appropriate writ, order or direction be issued to quash and set aside impugned order dtd. 9/1/2020 passed by Collector, Vadodara - respondent no.2 in RTS/Suo-Motu/Revision/Case No. 07/2019. While in Special Civil Application No.4440 of 2020, it is further prayed to quash and set aside impugned letter of communication No.Revenue/1000597/Vadodara/Savli/Manjusar dtd. 3/3/2019 written by the Collector, Vadodara and also prayed to direct respondent no.2 to allow the application preferred by petitioner under sec. 65 of Gujarat Land Revenue Code inter alia praying for non agriculture use permission.

(2.) It is stated that by filing both these petitions, the petitioner challenges the applicability of circular issued by State Government having no.S-30-2207-3347-z dtd. 9/4/2010 to the subject land as well as legality and validity of the order dtd. 9/1/2020 passed by present respondent no.2 in RTS / Suo-Motu / Revision / Case No. 07 / 2019 whereby the said authority had cancelled entry no.1201 dtd. 27/6/1952 (after 68 years); no.1659 dtd. 18/12/1960 (after 60 years); no.3278 dtd. 21/12/1972 (after 48 years); no.4025 dtd. 28/3/1983 (after 37 years); no.7576 dtd. 9/6/2008 (after 12 years); no.8418 dtd. 26/2/2010 (after 10 years); no.9964 dtd. 19/4/2010 (after 6 years) and no.10900 dtd. 31/7/2018 (after 1 year and 5 months).

(3.) Heard learned advocate Mr.Jay Thakkar for the petitioner and learned AGP Ms.Dhwani Tripathi for the respondent-State.