SOMAJI KHETAJI MALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing this petition, the petitioner has challenged order dtd. 23/1/2014 passed by Collector, Banaskantha, and prayed to regularize land bearing Survey No.78+170/3 paiki of village-Ranpur (Aathamano Vas), Taluka-Deesa, District- Banaskantha and also to convert said land from new tenure to old tenure.

(2.) The short facts of the case are that the petitioner is in occupation of land bearing Survey No.78+170/3(Paiki) admeasuring 3 acres and 5 gunthas of village Ranpura (Aathamano Vas), Taluka Deesa, District Banaskantha. The said land has been purchased by the petitioner's father deceased Khetaji Achalaji Mali on 30/10/1974. Originally Survey No.78+170 was Pasayata Chakariyat Inami land admeasuring 10 acres and 27 gunthas. Out of the same, land admeasuring 7 acres and 22 gunthas was purchased by Nagaji Ukaji and Chamanji Damarji. The said land has been regularized in the name of Nagaji Ukaji and Chamanaji Damarji by order dtd. 18/2/1980 by imposing penalty and directing the occupier to pay premium at the specified rate in accordance with Government Resolution dtd. 11/6/1968 and the Collector converted the said land from new tenure to old tenure. The remaining 3 acres and 5 gunthas of Survey No.78+170/3 (Paiki) was purchased by petitioner's father deceased Khetaji Achalaji Mali by registered sale deed on 30/10/1974. Deceased Khetaji Achalaji Mali was uneducated and did not know to sign and therefore application could not be made by him. However, thereafter application has been made by the present petitioner which was rejected.

(3.) Heard Mr.Bharat Rao, learned advocate for the petitioner and learned AGP, Mr.Nikunj Kanara for the respondent-State and perused the material placed on record.