KISHANBHAI NANALAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) With the consent of learned advocates appearing for the respective parties, the matter is taken up for final consideration today. Hence, Rule, returnable forthwith. Learned AGP Mr. Ashutosh Dave waives service of rule on behalf of the respondent State.

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

(3.) Learned advocate Mr. Akash B. Patel for the petitioner submits that the petitioner is an agriculturist of the State of Rajasthan and the certificate of agriculturist has also been produced before the revenue authorities. Learned advocate submits that mutation entry No.1614 dtd. 5/9/1995 in respect of survey/block No.2523 at Mouje Pij, Taluka Vaso and mutation entry No.2489 dtd. 22/11/2001 in respect of survey/block No.2524 at Mouje Pij, Taluka Vaso and mutation entry No.6584 dtd. 6/9/2008 in respect of survey/block No.541-1 at Mouje Tundel, Taluka Nadiad (Rural) are owned by the petitioner and the entries are duly certified also. He submits that by suo motu revision in the year 2020, the learned Collector, Kheda has taken the said entries in revision holding that the petitioner is not an agriculturist of the State of Gujarat. He submits that in the said proceedings by order dtd. 20/7/2021, the entries have been set aside and the learned Collector has directed that Sec. 84C proceedings under the Tenancy Act be initiated. He submits that the petitioner also preferred a Revision Application before the learned Special Secretary Revenue Department and by order dtd. 4/12/2021, the learned Special Secretary Revenue Department has rejected the application of the petitioner and upheld the order passed by the learned Collector. Learned advocate submits that the issue whether the agriculturist from other State can also hold the land in the State of Gujarat has now been settled by the Full Bench of this Court in case of Preethisingh Mukandsingh Shikh vs. State of Gujarat reported in 2012(2) GLR 1608. He submits that in view thereof, the present Special Civil Application be allowed and the orders of the learned Collector and the learned Special Secretary Revenue Department be quashed and set aside.