KHODALDHAM TRADERS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Mr. Ashutosh Dave, learned AGP waives service of rule for the respondent No.1 - State.

(2.) The present Special Civil Application is filed praying for the following reliefs:-

(3.) The factual matrix in the present case is that the petitioner claims to be the owners of the land admeasuring 1264 sq. yds. of Survey No.826/1/1 at Moje: Naroda, Taluka: Asarwa, District: Ahmedabad. That the petitioner claims title to the said land by way of a sale agreement for consideration from one Shri Mansukhbhai Dahyabhai Radadiya who had purchased the same from the tenant Jibaben Nathaji. That the sale agreement of the petitioner is not registered. No permission was taken for transfer of the said land under Sec. 43 of the Gujarat Tenancy & Agriculture Lands Act, 1948 ["the said Act" for short] through which the petitioner claim his title. That in the earlier proceedings under Sec. 43 and Sec. 84(C) of the said Act against the original tenant, the land came to be ordered to be vested with the State Government. The said order has become final and it is not in dispute that the land in question is vested with the State Government. That the petitioner has purchased the said land in question admeasuring 1264 sq. yds. by paying a consideration of Rs.88,48,000.00 through an unregistered sale agreement dtd. 15/18/12/2018 and a General Power of Attorney has also been executed by the earlier holder of the land in favour of the petitioner. That it is also an admitted position that the petitioner is using the said land for commercial purposes. That the respondent No.2 issued notice dtd. 5/11/2022 to the owner of the Khodaldham Traders i.e. the petitioner stating that the unauthorized construction made by them on the Government land be removed within 7 days. That the said notice came to be challenged by the petitioner herein by way of Special Civil Application No.3635 of 2023 which came to be decided by order dtd. 23/3/2023 holding that admittedly the petitioner occupying the Government Land and therefore, no interference is called for while exercising extraordinary jurisdiction under Sec. 226 of the Constitution of India.