HAJIWALI MOHAMMED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Special Civil Application No. 1312, 1339, 2978, 2979 and 3305 of 2003 were fixed for hearing on 22.08.2003 and this Court has passed the following order in the open Court.

(2.) After the above order is dictated and before it is signed, Mr. M.B. Parikh, learned advocate appearing on behalf of the petitioners submitted that Mr. J.M. Patel is appearing as a counsel on behalf of the petitioners in these matters and since he is on leave today, the petitioners may be given an opportunity to make their submissions on the merits of the matter. He has further submitted that S.C.A. No. 3754 of 2001 is pending before this Court and all the present Special Civil Applications are filed as a result of the order passed by this Court in the said Special Civil Application and hence, the said S.C.A. may also be taken up for hearing. Accordingly, S.C.A. No. 3754 of 2001 along with S.C.A. Nos. 1312, 1339. 2978, 2979 and 3305 of 2003 are ordered to be heard on 25.08.2003 and that is how all these matters are heard today by this Court.

(3.) S.C.A. No. 3754 of 2001 is filed by five petitioners under Articles 226 and 227 of the Constitution of India questioning the legality and validity of an order dtd. 27.04.2001 passed by Special Secretary (Appeals), Revenue Department, Gujarat Government, whereby the Learned Special Secretary rejected the revision application No. 17 of 2001 filed by the petitioners against five separate orders passed by the Collector, Ahmedabad on 05.06.2000. The petitioners had filed application before the Collector, Ahmedabad for permission to transfer the lands by way of sale which are under the legal occupation of Tahirbhai Rasulbhai (since expired), Shri Dilipsinh Pratapsinh Rawal, Shri Ajitbhai Bholabhai, Shri Mahendrakumar Rajaram and Shri Rameshchandra Jaisinhbhai in favour of Hajiwali Mohammed, the power of attorney holder of Tahirbhai Rasulbhai (since deceased) represented by his son and legal representative, Shri Sabbir Hussein Tahirbhai, Shri Dilipsinh Pratapsinh Rawal, proprietor of Jyoti Transport Co., Shri Ajitbhai Bholabhai, Shri Mahendrakumar Rajaram and Shri Rameshchandra Jaisinhbhai. The Collector vide his five orders passed in Appeal on 05.06.2000 rejected the application for permission and ordered the cancellation of the original grant made in favour of the five allottees and further directed that the land in question be forfeited to the Government.