GHANCHI BHAICHANDBHAI NALABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is before this Court being aggrieved by an order passed by the Deputy Secretary (Appeals) in SRD /JMN/BNS/ 18/ 97 (DASU) dated 02.03.2000, whereby the Deputy Secretary (Appeals) was pleased to reject the Revision Application filed by the applicant- petitioner herein and confirmed the order passed by the Collector, Banaskantha dated 10th October 1996 in Appeal No./JMN/4/ APPEAL/ 39/ 94.

(2.) The facts of the case are that the present petitioner had purchased the aforesaid land (land bearing Survey No.161), Moje Juna Deesa (1 acre, 28 gunthas) from one Sipai Rasulkhan Sahebkhan and others, which was in the name of respondent no.1 as original owners. The land was of "Pasaita Chakariyat Inami Satta Prakar". The land was new tenure land and the same was sold to the petitioner without obtaining any prior permission for a consideration of Rs.625/- by registered sale deed and this transaction of sale by registered sale deed was recorded in the revenue record by entry no.1206, but the said entry was not confirmed as the land was new tenure land. It was on account of breach of condition and transfer of land, the Mamlatdar, Deesa made a proposal for taking action for breach of condition. Accordingly, the matter/ case was registered and hearing was kept on 10th September 1993.

(3.) Respondent no.1-seller represented before the Mamlatdar that the seller did not have any idea of the land being new tenure land, therefore, no permission was obtained before making the sale, but after sale, the moment it came to the notice of the seller the possession of the land was not handed over. It was the case of respondent no.1 before the Deputy Collector that the land is in their possession on the date of hearing. It was also contended by respondent no.1 that in Pani Patrak name of Bhaichand Nala is wrongly entered. A request was made by respondent no.1 that 'notice be filed'.