LAXMANBHAI SHAMBHUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate for the petitioner and learned AGP for the respondent State.

(2.) THE petitioner, by way of this petition under Article 226 of the Constitution of India, has approached this Court with following prayers:

(3.) THE petitioner purchased land admeasuring 2 acre 30 gunthas by registered sale deed from one Jivrajbhai Kanabhai. The land in question was not in fact in any manner alienable and hence, the proceedings were taken up by concerned Deputy Collector, Amreli, which culminated into the order dated 25.4.1984. The authority observed that the tenure of the land was restricted tenure of land and hence, it was not in any manner alienable at the behest of the person, who has been re granted the land by original owner by way of regrant under order of the Collector dated 15.12.1966 and that land being inalienable, the same could not have been subject matter of any sale. Hence, the order was passed. The said order was not assailed by the petitioner in any manner. However, it is required to be mentioned here that another portion of land of such nature by the very same vendor given to one Laljibhai Jivrajbhai was also subject matter of the same order and that Laljibhai Jivrajbhai assailed the order of Deputy Collector, wherein, the Collector vide order dated 1.10.1984 ordered that the land was inalienable but it could not have been re granted to the original owner and he ordered it to be vested in the State as originally the land was only a grant for the State and nature of holding was restricted inalienable tenure. This order was also not challenged by the petitioner in any forum. However, said Laljibhai Jivrajbhai, who was purchaser of another parcel of land from the same vendor preferred Revision Application before the Special Secretary, who also confirmed the order of the Collector and rejected the Revision Application on 19.4.1985. It is pertinent to note that the petitioner did not challenge the order of Collector. He was not party before the Special Secretary and it seems that he preferred Revision Application being Revision Application No. TEN.BA.25 of 1986 before the Gujarat Revenue Tribunal, which came to be returned by the Tribunal vide its order dated 22.3.1995. The said owner of another parcel of land namely Laljibhai Jivrajbhai has preferred writ petition being Special Civil Application No. 3247 of 1985 before this Court, in which the Court vide order dated 29.11.1996 dispose of the matter and remanded the matter back to the concerned authority, as it is contended by learned advocate for the petitioner.