MAVJIBHAI HARIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As very short and interesting question, which has come to the surface in this petition, under Article 227 of the Constitution of India, is as to whether a parcel of agricultural land, given in "Bhoodan Yagna Movement and Mechanism" and then allotted to a needy person by the "Bhoodan Yagna Committee" for Saurashtra Area in exercise of powers under Section 13 of "Saurashtra Bhoodan Yagna Act", 1953 (Act), only with rights and liabilities of an occupant, could be transferred, assigned or disposed of by him to any third party with monetary consideration, could be said to be legal or not?

(2.) The special land bearing Survey No.342, admeasuring 3 acres and 27 gunthas, situated in village Khodu in Wadhwan Taluka, Dist.Surendranagar, was granted to the father of the respondent no.3, one Banesang Bhavsang in 'Bhoodan' in 1959 by the "Bhoodan Yagna Committee" in terms of Section 13 of the Act. Upon the death of the father of respondent no.3, the said 'Bhoodan' land was mutated in the name of respondent no.3 and he, thereafter, transferred by a registered Sale Deed dated 5/5/81 to the petitioner for consideration of Rs.15,000/- on the ground that he was in need of money and he did not know that the permission of the Collector for such transfer was requisite.

(3.) The Deputy Collector of the said District passed an order in April 1993 in Case No.4/86-87, confiscating the land along with another land, bearing Survey No.343 admeasuring 9 acres and 26 gunthas. Being aggrieved by the said order, the petitioner challenged it by filing Land Appeal No.66/92-93 before the Collector, who partly allowed the Appeal and confirmed the order of confiscation land bearing Survey No.342. The order of confiscating the land bearing Survey No.343 was quashed and set aside as it was not in subject matter of the notice issued by the Deputy Collector.