MAHENDRAKUMAR PITAMBARBHAI DOSHI Vs. ADDL SECRETARY REVENUE DEPARTMENT

JUDGEMENT

(1.) One Mr. Mahendrakumar Pitambarbhai Doshi is before this Court praying that :

(2.) The case of the petitioner is that the land bearing Survey No. 265 of new tenure of Village Thangadh, Taluka Chotila was given to one Jagmal Vasta by way of 'Santhani'. It is thereafter that on 16.04.1980 the said land was converted into old tenure land by an order being Order No. JMN/1293/80 by the Deputy Collector on an application given by Shri Kishorebhai Girdharbhai Sheth (predecessor-in-title of the present petitioner, as the case of the petitioner was that he had purchased this land from Shri Kishorebhai Girdharbhai Sheth). Thereafter, on 17.10.1980 the said Kishorebhai paid premium as per order bearing No. JMN/4001/80. The case of the petitioner is that since then, the land in question is non-agricultural land (as transpires from the order passed by the Collector that this non-agricultural land has remained only on record, otherwise, the land was continued to be put to agricultural use).

(3.) Thereafter, the Collector, Surendranagar, initiated suo-motu proceedings against order dated 17.10.1980 whereby the Deputy Collector, Limbdi converted the land into non-agricultural land. The Collector fixed the hearing on 08.11.1993 and after serving notice, the predecessor-in-title of the petitioner appeared through his advocate on 24.08.1994 and filed his reply on 24.11.1994. The Collector after hearing the parties passed the order, which is under challenge in this petition. The said order was confirmed by the Government in Revision Application filed under Section 211 of the Bombay Land Revenue Code on 25.02.2002 along with an application for condonation of delay. Delay was condoned. The matter was taken up for consideration and the authorities after hearing the parties rejected the said application vide order dated 26.07.2004.