BHAILALBHAI SHANKARBHAI PATEL Vs. VAGHELA CHHAGANBHAI MANGALBHAI

JUDGEMENT

(1.) The petitioner, in this petition, has challenged the order passed by the Additional Chief Secretary (Appeals) Revenue Department, Government of Gujarat in September, 1992, cancelling the N.A.permission granted by the District Panchayat on 29-5-1990, while rejecting the revision application filed by the respondent herein.

(2.) The brief facts giving rise to the present petition are that the land bearing Survey No.188 paiki 1 acre and 29.5 gunthas of land situated in the sim of village Chikhodara was originally belonged to one Rameshbhai Mangalbhai Patel, who was the land owner of the said land and deceased Mangalbhai Dahyabhai was the tenant of the said land. In the proceedings under Section 32(g) of the Bombay Tenancy and Agricultural Lands Act, 1948, the deceased Mangalbhai became the due purchaser of the said land. It was a new tenure land under the provisions of the Tenancy Act and after the death of Mangalbhai names of the respondents No.1 to 5 were entered as heirs and legal representatives of the deceased Mangalbhai Dahyabhai.

(3.) It is further stated that the respondent Nos.1 to 5 were not in a position to cultivate the land and hence they made an application to the Deputy Collector, Anand, for the purpose of giving them permission to sell the said land in favour of respondents Nos.6 and 7. In pursuance of the application, Deputy Collector has held regular and proper inquiry under Section 43 of the Tenancy Act and he by his order dated 29-12-1981 had granted permission to the heirs and legal representatives of the deceased Mangalbhai to sell the land in favour of Mukundbhai Gordhanbhai and Kantaben Gordhanbhai. In pursuance of the said permission dated 29-12-1981, the heirs of the deceased Mangalbhai had sold the land to the respondent Nos.6 and 7 by a registered sale-deed dated 8-1-1982 for a consideration of Rs.14,000.00.