SHANTILAL KHUBCHAND BHOJAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since Special Civil Application No.3128 of 2003 is already admitted, Special Civil Application No.4700 of 2003 is also admitted as both are arising against the common order. The learned advocates appearing for the respective parties waives service of notice of rule. With the consent of the parties, the matters are taken up for final hearing.

(2.) The short facts of the case are that the petitioner of Special Civil Application No.3128/2003 had approached the Taluka Development Officer (TDO) for staying of the auction of the plot of certain lands which as per his contention belongs to him, whereas, as per the contention of Mr.Yadav appearing for the persons who purchased the property belongs to Gam Tal situated at village Vadgam. It appears that on 26.5.000, the TDO at the instance of the petitioner of Special Civil Application No.3128/03 granted stay for postponement of the auction. The case of the petitioner is that, inspite of the said order of TDO, the Sarpanch of the Gram Panchayat proceeded for auction and the land is sold to Mr.Yadav's client at the price of Rs.3040/- namely Sunsara Sarifbhai Vajirbhai. The contention of the petitioner is that the petitioner was not at all aware about the said so-called auction, and the contentions of the petitioner as well as of Mr.Rathod's client who is petitioner of Special Civil Application No.4700/03 are that as such there was no genuine auction and the proceedings are drawn by the Sarpanch and both the petitioners were not aware about the same.

(3.) It appears that the District Development Officer (DDO) has passed the order on 1.7.2000 whereby the sale is confirmed. However, the pertinent aspect is that, in the order passed for the cofirmation of the sale, there is a reference to the objection filed by petitioner Shri Bhojak, and he has recorded that no sufficient evidence was produced for claiming the ownership of the land in question and, therefore, the said aspect is not considered. The contention of the petitioner is that he was not aware about the same and the petitioner has produced the documents by way of letter dated 10.7.71 read with the payment of the amount of Rs.1,762.50p/- by way of receipt showing that the payment was made. It has been submitted by the petitioners that the land belonging to him ad-measuring 94.2 sq.yards bearing Survey No.660 was allotted and the possession was regularised of him. The contention of the petitioner is that the land which was allotted to him for which he has already paid the price by way of Kabja Haq is said to be disposed of by public auction, but, since he was not aware about the proceedings before the DDO nor the DDO at any point of time issued notice calling upon him to produce the evidence, the documents could not be produced and he submitted that the order passed by DDO is without giving opportunity and is in breach of principle of natural justice. It is also the contention of petitioner that when the land is belonging to him, it could not have been disposed of by public auction and, therefore, the proceedings of the sale and its confirmation thereof are void.