KHODAJI MANGAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) With the consent of learned advocates appearint for parties, both the matters are taken up for final hearing today having common points to be considered.

(2.) The short facts of the case are that the proceedings came to be initiated on the basis of revenue record of village Form No.7/12 where the cultivation was shown that of the other persons than petitioners. It is the case of the petitioners that the property is neither transferred nor handed over to any one else and the petitioners are cultivating the land. It appears that the Prant Office initiated proceedings under section 72 of the Bombay Land Revenue Code (hereinafter referred to as "the Code") and notices were issued. However, as there was no reply to the show cause notice, the Prant Officer proceeded on the basis that the entries made in the Village Form 7/12 showing the name of Vardhabhai Pranlal is to be relied upon and it is proved that the land is given to Vardhabhai Pranlal for cultivation and therefore there is breach of conditions of the agreement and therefore the order was passed whereby the land is forfeited to State. The petitioners carried the matter before the State Govt by preferring revisions. Before the State Govt the petitioners reiterated the same thing, but, however, the State Govt proceeded on the basis that no reliable evidence is produced by the petitioners and therefore the order passed by the Prant Officer does not call for interference and the revision have been dismissed. It is, under these circumstances, petitioners have approached this Court by preferring these petitions.

(3.) A perusal of the order passed by the Prant Officer shows that the same is purported to have been passed under section 72 of the Code. So far as the SCA No.3803/04 is concerned, the impugned order passed by the Prant Officer refers to the provisions of Section 79 of the Code. The perusal of both the orders shows that it has been mentioned that the land was granted as new tenure land and therefore as land is given to Vardhabhai Pranlal for cultivation and hence there is breach of conditions and the transfer effected without permission and therefore the proceedings appear to have been initiated.