MARIYAMBIBI ISMAILRASUL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this application under Articles 226/227 of the Constitution of India, the petitioners seek to challenge the order dated 10th July 1992 passed by the Deputy Collector, Godhra (Annexure-'A' to the petition) and the order dated 8th October 1999 passed by the Secretary (Appeals), Revenue Department, Government of Gujarat (Annexure-'F' to the petition). Facts shortly stated may be summed up thus :

(2.) BEING dissatisfied with the order passed by the Special Secretary (Appeals), Revenue Department, the petitioners have come up with this petition.

(3.) MR .Parth Bhatt, the learned AGP appearing for the State respondents, very vehemently opposed this petition and submitted that no error not to speak of any error of law could be said to have been committed by the Deputy Collector as well as by the Special Secretary (Appeals), Revenue Department, in passing the orders impugned. Mr.Bhatt laid stress on the fact that the land is a new tenure land and, therefore, without prior permission of the Collector and without paying appropriate premium for the change of the tenure, the husband of the petitioner no.1 could not have bought the land in the year 1976. According to Mr.Bhatt, the Entry No.4260 mutated in the revenue 26th record on April 1977 is based on a void transaction of the year 1976. According to him, if a transaction is void, it remains void right from the inception and such transaction could be taken in suo motu review even if there is some delay. Mr.Bhatt also laid stress on the fact that the petitioner no.1 could not have executed the agreement to sell in favour of the petitioner no.2 Company as the same is a new tenure land and even otherwise without seeking prior permission of the Collector an agricultural land cannot be transferred to a non-agriculturist as provided in the provisions of Section 63 of the Bombay Tenancy Act. Thus, Mr.Bhatt, in the circumstances, prays that there being no merit in this petition, the same be dismissed and the orders which are impugned be confirmed.