VIJAYBHAI MANUBHAI THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri Kunjal Pandya, learned AGP waives service of Rule on behalf of the respondents. With the consent of parties, the matter is taken up for Final Hearing today.

(2.) By way of these Special Civil Applications under Article 226 of the Constitution of India, the petitioners have challenged the legality and validity of the order passed by the Deputy Collector, Vadodara dated 28.11.2003 taking over management of the land in question for 10 years under Section 65 of The Bombay Tenancy and Agricultural Lands Act, 1948 Ihereinafter referred to as "the Act"].

(3.) The petitioners are the owners of land bearing Block Nos. 1186/1185 Paiki of Village Harni, Taluka and District-Vadodara. The said lands were agricultural lands. As it was found by the Deputy Collector that the aforesaid lands are kept uncultivated and kept Padtar for the period between 1996-97 and 2000-2001 proceedings were initiated under Section 65 of the Act. A show cause notice came to be issued against the petitioners and the petitioners were called upon to show cause why management of the lands in question should not be taken over by the State Government for a period upto 10 years exercising power under Section 65 of the Act. A reply came to be filed on behalf of the respective petitioners and submitted that in the nearby area there are residential buildings and cooperative societies and because of the cattle, pigs and other animals it was not possible to cultivate the lands in question and have agricultural crops. It was also submitted that in the nearby area there is a Bharwadvas and slum area, however they are growing castor seeds and flower plants in the said lands. Considering the reply submitted by the respective petitioners the Deputy Collector passed the order dated 28th November 2003 for taking the management of the land in question for a period upto 10 years by holding that there is no cultivation in the lands in question since 1996-1997 and the lands in question are kept as Padtar lands.