PATEL DAIBEN KANAIYALAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioners have prayed for the following reliefs:-

(2.) Heard learned advocate Mr. Tejas P. Satta for the petitioners and learned AGP Mr. Nikunj Kanara for the respondent - State.

(3.) It is the case of the petitioner that the land bearing Revenue Survey No. 1927 admeasuring 0/63/3 Hector Are. sq. mtrs. situated at Vadavali, Taluka: Chansama, District : Patan was an ancestral property in the name of Balchand Trikam and upon death of Balcahnd Trikam, the name of father of the petitioners namely Kanaiyalal Mafatlal Patel was entered in revenue record and Entry no. 3307 was mutated. Thereafter, upon death of Kanaiyalal Mafatlal Patel name of the petitioners were mutated in the revenue record vide entry no. 4443. It is the case of the petitioners that the petitioners came to know that as per the respondent authority, one person namely Kalabhai Maganbhai was the tenant in respect of the disputed land and pursuant to the order dtd. 4/11/1969 in case No. 32-A + 69 and order dtd. 15/12/2001 in Case No.32 B - 1953 - 01, he was declared as tenant and offerred to buy the disputed land. However, said Kalabhai Maganbhai refused to buy disputed land and accordingly, the Government took the possession of the land and land was vested into Government without following due process of law.