LAXMIBEN Vs. KHATARIYA MAGRIYA

JUDGEMENT

(1.) THE present petition has been filed by the petitioner under Article 227 of the Constitution of India as well as under the provisions of the Land Revenue Code and the Rules made thereunder for the prayers inter alia that the order passed by the Deputy Collector dated 30.09.1977 at AnnexureA, order passed by the Collector dated 01.03.1978 at AnnexureB and the order passed by the State Government dated 08.09.1999 at Annexure C may be quashed and set aside on the grounds stated in the petition.

(2.) HEARD learned counsel, Shri L.R. Pathan for the petitioner, learned counsel, Shri Joy Mathew for the respondent no.1 and learned AGP Shri Bharat Vyas for the respondent no.2.

(3.) LEARNED counsel, Shri Joy Mathew for the respondent no.1 referred to the affidavitinreply including the details and submitted that the original tribal owner had made efforts to get the land back in light of the Government policy but could not succeed and, therefore, appropriate orders may be passed. He submitted that the notification and circular of the Government as referred to by learned AGP are held as valid by the courts including this High Court and the Hon'ble Supreme Court and, therefore, as the transaction is void, the present petition may not be entertained. He submitted that there was no sale inasmuch as stated to be only oral. He submitted that the amount was borrowed leading to this transaction and, therefore, the present petition may not be entertained.