NARENDRABHAI MOHANBHAI DHOLARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Bhaumik Dholariya for the petitioners and learned Assistant Government Pleader Mr.Krutik Parikh for the respondent-State who appears on advance copy.

(2.) By this petition under Article 226 of the Constitution of India, the petitioners have prayed to quash and set aside the notices dtd. 8/2/2023 issued by the respondent No.2-City Mamlatdar, Asarva purportedly under Sec. 202 of the Bombay Land Revenue Code, 1879 (for short 'the Code').

(3.) The brief facts of the case emerging from the record is that the petitioners, who are legal heirs of one Narendrabhai Dholariya have challenged the impugned notice and previous notices to vacate the land occupied by them which is a Government land. 3.2. It is the case of the petitioners that the father of the petitioners, late Narendrabhai Dholariya, was proprietor of M/s.T.K. Construction engaged in providing construction centering material. Father of the petitioners passed away on 5/5/2021 and the brother-in-law of the late father of the petitioners is looking after the business of M/s.T.K. Construction thereafter. 3.3. It is pointed out in the memo of the petition that the land of Survey No.826/1 situated at Village:Naroda, Taluka:Asarwa, District:Ahmedabad originally was admeasuring 10 Acres and 34 Gunthas. It is pointed out that one Munir Abdul Hussein Jivabhai purchased half of the land admeasuring 5 Acres and 17 Gunthas out of Survey No.826/1 by registered sale-deed dtd. 18/2/1941 and revenue entry No.2493 was mutated on 9/3/1941 recording the said transaction. 3.4. According to the petitioners, there was a mistake in mentioning the name of Abdul Hussein and therefore, entry No.4723 was mutated correcting the name as Munir Abdulhusen Jivabhai for the said land. The petitioners have further stated that Munir Abdulhusen passed away on 16/4/1968 and heirship entry No.7390 was mutated on 23/8/1971 mutating the names of the heirs of late Munir Abdul Hussein Jivabhai. 3.5. It is the case of the petitioners that Jibaben Nathaji, daughter of Detraji, was tenant of the remaining land, admeasuring 5 Acres and 17 Gunthas, of Survey No.826/1 and name of Jibaben was mutated by entry No.8763. Jibaben Nathaji passed away on 29/3/1998 and entry No.10133 was mutated entering the names of her heirs Aataji Bhalaji and Pashaben Bhalaji. According to the petitioner No.1.1 the proceedings under the provisions of Gujarat Tenancy and Agriculture Lands Act, 1948 (for short 'the Tenancy Act') were initiated and part of Survey No.826/1 to the extend of 5 Acres and 17 Gunthas, which was in the possession of the tenants, was found to be in breach of provisions of the Tenancy Act and therefore, was ordered to be vested in the Government.