K M ADHVARYU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Desai, learned AGP waives service of rule on behalf of respondents No.1, 2, and 3 and with the consent of the parties, the matter is taken up for final hearing today.

(2.) The short facts of the case are that the petitioner is an ex-army man, who was allotted the land for cultivation by the State Government as per the order dated 13.4.1966 admeasuring 8 acre bearing Survey No.217 at Village Sidsar. The respondent District Collector issued notice on 29.8.2003 for calling upon the petitioner to show cause as to why the land should not be forfeited for breach of the condition on the ground that the land is not actually used for cultivation by himself and on the ground that some potion of the land admeasuring one acre has remained un-utilised and there are doubtful transactions for transfer. It appears that in response to the notice the petitioner remained present and written reply was submitted and it was stated by the petitioner that since the road was passing in between the land, the land was divided into two parts and the small portion had remained unutilized for some time, and with a view to demarcate the boundary, the stones were fixed, but the petitioner was ready to remove the same and he was desirous to utilise the land for agricultural purpose. He also submitted that the land is not transferred or sold. The District Collector ultimately considered the matter and while passing the order he relied upon the statement of Talati-cum-Mantri and passed the order of forfeiting the land allotted to the petitioner as per the order dated 29.8.2003. It appears that the petitioner carried the matter before the State Government and ultimately in the revision, the State Government rejected it on the ground that the same is not maintainable and under the circumstances, the petitioner has approached this Court by preferring this petition.

(3.) Heard Mr.Hathi, learned Counsel for the petitioner and Mr.Desai, learned AGP for the respondent State.