PRATAPRAY NAVALSHANKAR PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The captioned writ petition has been filed, challenging the notices issued by the mamlatdar under Sec. 202 of the Gujarat Land Revenue Code, 1879 (hereinafter referred to as "the Code"), requiring the petitioners to hand over the possession of the plot nos.11 and 31, apropos the judgment of this Court whereby, directions have been issued to return the land to the land owners.

(2.) Mr.R.S. Sanjanwala, learned Senior Counsel appearing with Mr.Anand Gogia, learned advocate for the petitioners, while inviting the attention of this Court to the page no.46 of the compilation of the writ petition, submitted that the lands, which were subject matter of the proceedings, were lands bearing old survey No.28, new survey No.119 (corrected Survey No.126) comprising of plot No.11 admeasuring 574.42 sq. mtrs.; plot No.29 admeasuring 497.96 sq. mtrs. and plot No.31 admeasuring 522.43 sq.mtrs., of Village: Mavadi, District Rajkot. It is submitted that the petitioners are not at all concerned with plot nos.11, 29 and 31 of revenue survey no.126 but, are having the legal title of the plot nos.12, 32 and 28 of revenue survey no.28 (new survey no.126). It is submitted that the petitioners, 15 in numbers, have purchased the land by executing the registered sale deed, details of all the petitioners have been provided in the tabulated form (pages 6-9 of the petition memo).

(3.) By filing further affidavit, copies of the registered sale deeds have been placed on record (page 138 to 381). While referring to the layout plan (page 382), it is submitted that the layout plan was sanctioned and as per the said layout plan, survey no.126 was divided into different plots. The proceedings, which were initiated before this Court, were with respect to plot nos.11, 29 and 31 whereas, as stated earlier, the petitioners are concerned with the plot nos.12, 32 and 28. Further attention is invited to the additional affidavit filed on behalf of the State Government (page 88-89) dtd. 28/10/2015. Along with the said affidavit, panchnama drawn of the land in question was placed on record and the details have also been provided (page 92-94). It is submitted that so far as the plot no.11 is concerned, names of the occupants have been mentioned. Similarly, the details of plot no.29 are also provided along with the details of the occupants, so is the position with the plot no.31. It is submitted that in none of the description or the details provided, names of the petitioners are shown and therefore, neither in plot no.11 nor in plot nos.29 and 31, the petitioners are shown as occupiers or in possession. It is submitted that so far as the petitioners are concerned, they were not the party to any of the proceedings before this Court.