MULJIBHAI LEGHERBAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners residents of Dhanduka had preferred the present Special Civil Application under Article 227 of the Constitution of India for an appropriate writ, direction or order and for quashing and setting aside the judgment and order passed by the learned Special Secretary(Appeals), Revenue Department, State of Gujarat dated 4.6.1993 in Revision Application No. 6/91 in dismissing the same and confirming the order passed by the Collector, dated 3.1.1990 in modifying its earlier order dated 22.11.1978 by which Part of land bearing Survey No. 1371 was directed to be used for the purpose of KHALWAD under the provisions of Section 38 of the Bombay Land Revenue Code (hereinafter referred to as 'the Code').

(2.) That the land bearing Survey No. 1363/A Paiki admeasuring 7993 sq.mtrs. situate at Dhanduka and the land bearing Survey No. 1371 Paiki admeasuring 23573 sq.mtrs. was belonging to and in the name of Dhanduka Gram Panchayat. That as the aforesaid lands were needed by the State Government for public purpose, aforesaid two survey numbers were regranted while passing a resolution for using it for public purpose of cremation and Charmakund under the provisions of Section 96 of the Gujarat Panchayats Act. That as representations were made by the village people, more particularly the persons belonging to scheduled caste community as they wanted to use the land for Charmakund and also for cremation the Collector, Ahmedabad by his order dated 22.11.1988 passed an order under Section 38 of the Code to the effect that the land Survey No. 1363/A Paiki admeasuring 7993 sq.mtrs. of land will be used for Charmakund and the land bearing Survey No. 1371 Paiki admeasuring 23573 sq.mtrs of land will be used for cremation for scheduled caste community people. That it seems that subsequently other Muslim community people requested that they also need some land for the purpose of use of "Khalwad" which is also public purpose and it appears that the Collector, Ahmedabad, considering the need for Khalwad passed another order dated 3.1.1990 modifying his earlier order dated 22.11.1988 by which he had passed an order that the land bearing Survey No. 1371 Paiki of 1 acre will be used by the scheduled caste community people for cremation and the rest of the land from land Survey No. 1371/Paiki would be used for Khalwad.

(3.) That being aggrieved and dissatisfied with the aforesaid order dated 3.1.1990 passed by the Collector, Ahmedabad, modifying its earlier order dated 22.11.1988 passed under Section 38 of the Code with regard to use of the land in question, the petitioner preferred an appeal/revision before the State Government, i.e., Special Secretary (Appeals), Revenue Department, Gujarat State, Ahmedabad, which was numbered as Revision Application No. SRD 6/1991 and the learned Special Secretary (Appeals), Revenue Department, by his judgment and order dated 3rd June 1993 dismissed the said revision by holding that the order passed by the Collector, Ahmedabad dated 3.1.1990 was not illegal and the said order was passed considering the public purpose and by passing the impugned order dated 3.1.1990 the Collector has tried to give benefit of the said land to the persons belonging to other community also and has tried to satisfy the demand for public purpose of the persons belonging to other community.