ABHESINH K SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal, the appellant challenges the order of the learned Single Judge, Dated : 25.08.2010, passed in SCA No. 9952 of 1995, whereby, he summarily dismissed the petition of the present appellant, who has been knocking the doors of the authorities for more than 25 years and who is the owner of the land in question.

(2.) THE brief facts of the case, leading to the filing of the present appeal are as under;

(3.) THE appellants, herein, purchased a land bearing Survey No.1069, admeasuring 27 gunthas, situated at Village : Fagvel, Tal. : Kapadvanj, Dist. : Kheda, which originally belonged to one Sureshbhai, Vinubhai and Hasmukhbhai Kashibhai, vide registered Sale Deed dated 12.11.1990 for a consideration of Rs.15,000/ - and an entry was also made in the revenue record to that effect, being Entry No.4567, whereby, the names of the present appellants came to be entered into the record. According to the appellants, at the instance of some of the villagers, respondents took out the procedure under Section 65 of the Bombay Tenancy and Agricultural Lands Act, 1969 ( the Act for short), and vide order dated 14.07.1995, respondent No.2 resumed the land on the ground that the same was not being cultivated. Being aggrieved thereby, the appellants preferred the aforesaid petition before this Court, which came to be dismissed by the learned Single Judge. Hence, the present appeal.