LAWS(GJH)-2003-7-43

KAPILBHAI TANSUKHLAL SAMEJA Vs. STATE OF GUJARAT

Decided On July 23, 2003
KAPILBHAI TANSUKHLAL SAMEJA Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This is a petition stated to have been filed under Article 226 of the Constitution of India. By this petition, the petitioners seek to challenge the order dated 24/8/2001 (Annexure-U) passed by the Collector, Rajkot and order dated 15/9/2001 (Annexure-V) passed by the State Government granting the disputed lands (stated to be of the petitioners) in favour of respondent no.5 Hansadevi Ghanshyamsing Jadeja.

(2.) It appears that the father of the petitioners purchased land bearing Survey No.109 admeasuring 6 Acres and 9 Gunthas and land bearing Survey No.139 admeasuring 9 Acres and 23 Gunthas situated at village Mota Mava, Taluka Dist.Rajkot. The father of the petitioners was running a sole proprietorship business in the name and style of Mahalaxmi Trading Company since 1959. The said Mahalaxmi Trading Company incurred huge losses and by 1968-69 it had run up large dues towards sales tax. Ultimately the said concern was closed down. It appears that in 1971-72, the father of the petitioners went to Madras for carrying on another business in Oil seeds/Groundnut.

(3.) On 21/11/1994 the aforesaid lands bearing survey nos. 109 and 139 were directed to be vested in the Government for non payment of sales tax dues by Mahalaxmi Trading Company by virtue of order of Collector, Rajkot passed under the provisions of Rule 129(4) of the Bombay Land Revenue Rules. The petitioners and their father are stated to have returned from Madras in 1980 and upon coming to know about the aforesaid order dated 21.11.1974 moved an application before the Collector, Rajkot on 7.6.1980, followed by various applications expressing their willingness to make necessary payments and seeking regrant of the disputed land which had vested in the Government.