ISHWARBHAI RAVJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant original petitioner has challenged the judgement of the learned Single Judge dated 28.10.2010 rendered in Special Civil Application No.14292/2010.

(2.) BRIEF facts are as under :

(3.) THE authorities have also noted that survey no.35/1/paiki of Government Kharaba land admeasured 44 acres and 39 gunthas. There is no evidence that land in question admeasuring 1 acre and 38 gunthas was a fragment. Significantly, the Collector also recorded that there were other claimants to the land. The Deputy Collector without examining their claims, alloted the land to the petitioner. In our opinion, this would amount to preferential allotment without considering other rival claims. The collector also noted that no inquires were made to verify whether the land was suitable for agricultural purpose. When this basic inquiries were not conducted, granting of the land to the petitioner was rightly interfered by the Collector. Further appellate orders of the Government and the learned Single Judge, therefore, are perfectly in order.