MAGANBHAI LALLUBHAI JIVABHAI TALPADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners have challenged the order dtd. 13/3/2015 passed by the Collector, Kheda-Nadiad below the application dtd. 7/2/2012 preferred by the petitioner No. 1 for alleged breach of the condition of N.A. Order of 1961.

(2.) It is the case of the petitioner that the grandfather of the petitioner, Lallubhai Jivabhai Talpada was protected tenant by virtue of order dtd. 17/10/1960 passed in suo motu Tenancy Case No. 232 of 1960 and he became deemed purchaser of the property, had also paid the purchase price before the authority and Certificate under sec. 32M of the Bombay Tenancy and Agricultural Lands Act, 1948 [for short 'the Act, 1948'] was issued by the Tenancy Mamlatdar on 23/10/1984.

(3.) Learned advocate Mr. Mrugen Purohit for the petitioners submitted that the respondent- Collector did not issue any notice of hearing to the petitioner and after issuing the show-cause notice to the respondent No. 4 and considering the submissions made on behalf of the respondent No. 4, passed the impugned order dtd. 13/3/2015 rejecting the application filed by the petitioner raising objections with regard to breach of condition of N.A. order issued in the year 1961.