MANILAL AMRABHAI PATEL Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) RULE . Ms.Nisha M. Thakore, learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondents.

(2.) ON the facts and in the circumstances of the case and with the consent of learned counsel for the respective parties, these petitions are being heard and finally decided. As the petitions are based upon identical facts and similar issues are involved, the averments made in Special Civil Application No.599 of 2012, are being reproduced.

(3.) BRIEFLY stated, the facts of the case are that the petitioner is an ex-serviceman, having served in the Indian Army with effect from 18.11.1980 to 13.11.1997, when he attained the age of superannuation. As per the policy of the State Government, the Welfare Officer, District Army Welfare and Rehabilitation, Ahmedabad addressed a letter dated 16.02.2002 to the petitioner, stating that ex-servicemen are entitled for the allotment of land by the Government and the petitioner can make an application to the Collector in this regard. Accordingly, the petitioner made an application to the District Collector, Patan for allotment of land on 20.11.2002. On 7.3.2003, the Deputy Collector, Radhanpur (Respondent No.1) granted land bearing Survey No.39, admeasuring 14 Acre and 30 Gunthas of village Vaghel, Taluka Sami to the petitioner, on certain terms and conditions. The petitioner paid the consideration for the land on 23.03.2003, and on 16.06.2003, the possession of the land was handed over to the petitioner. The possession receipt issued to the petitioner is annexed at Annexure 'E to the petition. Pursuant thereto, the land allotted to the petitioner has been renumbered as Revenue Survey No.39/A/P-5 and the name of the petitioner has been mutated in the Revenue Record. According to the petitioner, he is cultivating the said land till date. Sami Gram Panchayat, vide Resolution No.13, passed in Gram Sabha, resolved that it has no objection to the allotment of land to the petitioner, but stipulated that the sale proceeds of the trees standing on the land should be deposited in the account of the Gram Panchayat. The petitioner had the measurement of the land taken by the District Inspector of Land Records, after making necessary payment, and thereafter cut the trees standing on the land, in order to make it cultivable. The sale proceeds of the trees were deposited in the account of Sami Gram Panchayat. Thereafter, the Sarpanch of the Gram Panchayat made an application to the Collector, Patan for setting aside the order dated 7.3.2003, passed by the Deputy Collector, Radhanpur, whereby the land had been granted to the petitioner. On the basis of the said application, the Collector, Patan vide his order dated 19.04.2006, has set-aside the order dated 7.3.2003. Aggrieved thereby, the petitioner has approached this Court by way of the present petition.