KESHAVLAL MORARBHAI PATEL Vs. SHANTILAL GOPALJI PATEL

JUDGEMENT

(1.) HEARD Ld. Counsel Mr. A J Patel assisted by Mr. Nachiket A Dave for appellant and Ld. Counsel Mr. J V Bhairavia for the respondent no. 1 and Mr. N J Shah, Ld. AGP for the respondent nos. 2 and 3.

(2.) PRESENT appellant was original respondent no. 3, whereas present respondent no. 1 was original petitioner in the impugned order and judgment dated 3/10/2012 in Special Civil Application No. 4332/2000. Therefore, for the sake of convenience, they are referred to herein as per their status in the Special Civil Application.

(3.) THEREAFTER , by an order dated 3/12/1999 respondent no. 1 ­ Special Secretary [Appeals] had initiated suo-motu proceedings and taken the order in revision and issued show cause notice to the petitioner that why such allotment of land should not be cancelled on the ground that the petitioner was not an agriculturist, only because he was not residing within the area of 8 KMs from the land in question on the date when auction was held, and thereby there is violation of the provisions of The Bombay Land Revenue Code.