JAYANTILAL JAGJIVAN MODI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present petition is filed by the petitioner praying for the following reliefs.

(2.) THE brief facts of the case are that lands bearing Survey Nos.207 and 208 of village Tarsadi, Taluka Mangrol, District Surat were held by respondent Nos.2 and 3 herein and their names were shown as owners and occupants in the revenue records. It appears that respondent Nos.2 and 3 herein sold the said land to Keshavbhai Devjibhai Ramani respondent No.4 herein by registered sale deed and in pursuance of the said registered sale deed, entry No.3118 was mutated in favour of Keshavbhai Devjibhai Ramani respondent No.4 herein. Thereafter, Keshavbhai Devjibhai Ramani respondent No.4 sold the said lands by registered sale deed to the present petitioner and in pursuance of the said registered sale deed in favour of the petitioner, entry No.3164 was mutated in the revenue record in favour of the petitioner on 24.8.1984. It appears that thereafter, the Assistant Collector, Olpad, Prant Surat initiated the proceedings suo motu for cancellation of entry No.3118 dated 26.7.1984 and entry No.3164 dated 24.8.1984 mutated in favour of respondent No.4 herein and the present petitioner respectively. As the Assistant Collector, Surat was not having jurisdiction, the matter was sent to the Collector, Surat. The Collector, Surat issued the notice to the petitioner and others for the breach of sections 2(6) and 63 of the Bombay Tenancy and Agricultural Lands Act, 1948 ("the Tenancy Act" for short) on 24.6.1993. The petitioner filed the reply in pursuance of the said notice issued by the Collector, Surat. Ultimately, the Collector, Surat by his order dated 21.1.1994 cancelled and set aside entry No.3118 dated 21.6.1984 made in favour of respondent No.4 and consequently, entry No.3164 dated 24.8.1984 made in favour of the petitioner also cancelled and set aside. The Collector, Surat also directed the Mamlatdar and ALT, Mangrol to initiate the proceedings under section 84 -C of the Tenancy Act. Being aggrieved, the petitioner and respondent No.4 preferred the Revision Application before the Special Secretary (Appeals), Revenue Department, Gujarat State. Ultimately, the Special Secretary (Appeals), Revenue Department, Gujarat State by his order dated 6.9.1999 confirmed the order dated 21.1.1994 passed by the Collector, Surat in Revision Case No.49 of 1993. Hence, the present petition before this Court.

(3.) HEARD learned advocate Mrs.Ketty A.Mehta for the petitioner original applicant No.2 in the Revision Application before the Special Secretary (Appeals), Revenue Department, Gujarat State and learned AGP Mr.Manan Maheta for respondent No.1.