NARANBHAI NATHUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition, the petitioner challenges the order dated 20/10/1995 passed by 2nd respondent in Revenue Case No.5 of 1995 under Section 211 of the Bombay Land Revenue Code, 1879 (for short BLRC), whereby a grant of the possessory rights conferred by a certificate dated 22/04/1991 produced at Annexure - C issued by Mamlatdar, Siddhpur came to be withdrawn. The petitioner also challenges the order dated 15/07/2003 passed by 1st respondent dismissing the revision application filed by the petitioner, which is produced at Annexure - B.

(2.) The predecessor of the petitioner resided at Village Kahoda of Siddhpur as agriculturist since more than 80 years and his forefathers were in possession of a piece of land admeasuring 153.06 square meters, in Revenue Survey No.667 paiki which was being used as " wada land" . The State Government had been passing resolutions at least right from 1930 under the BLRC to confer possessory rights to the agriculturist holding wada land. One of such resolution was passed on 22/06/1968 and then on 25/04/1980 (Annexure - I Colly of reply affidavit). In both the above resolutions, a policy was set up by the State Government to grant possessory rights on defined payment to the agriculturist possessing wada land. As per the said resolutions, wada land is the one which is used by agriculturist as an additional piece of land in the Gam Tal either immediately attached to their agricultural land or at some other place in Gam Tal depending upon the convenience and availability of the lands for the purpose of cattle and other incidental agricultural purposes etc.

(3.) The petitioner applied for and the Mamlatdar granted to him the possessory rights for said piece of land, after he paid a consideration of Rs.122.50 Paise as required by Mamlatdar. Accordingly, certificate at Annexure - C was issued to the petitioner.