PRAGJIBHAI DEVRAJ VALAND Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners are members of backward class community residing at village Adbalka, Dist. Rajkot. The then Deputy Collector passed an order on 19.4.1968 granting land admeasuring 4 acre 12 gunthas bearing Survey No. 9. The petitioner No.1 and his family members, made the said land cultivable and and fertile and were cultivating the same since then and on the date of filing of the petition, the petitioners were in possession of the said land.

(2.) The petitioner No.1 partitioned the land in 1985 in favour of his two sons and the entry was also certified by the revenue authority. It is the case of the petitioner that he was paying land revenue and other taxes to the Government which were accepted by the authority all throughout. According to the petitioners, some portion of the land was acquired by the State Government for the purpose of canal in the year 1986 and compensation was also paid to the petitioners which clearly establishes that the petitioners were all throughout in possession of the land and that fact was accepted by the authorities.

(3.) This Court while issuing notice, has protected the possession of the petitioner and while admitting the matter, on 13th Sept. 1994, confirmed the ad-interim relief.