JAYANTILAL MANILAL SHAH Vs. COLLECTOR OF AHMEDABAD

JUDGEMENT

(1.) THE appellants are purchasers of different sub -plots of land bearing Survey No.155 of village Vastrapur, Ahmedabad. This land bearing Survey No.155 was shown as 'New Tenure' under the revenue Entry No.1074 made on 1.2.1956. However, the original owner made application to the City Deputy Collector to delete the word, 'New Tenure' by pointing out that the land was originally 'Old Tenure' land. The City Deputy Collector by his order dated 30.5.1988 accepted such application and ordered to delete the term 'New Tenure' from the revenue record. However, the respondent Collector took the said order of the Deputy Collector in SUO MOTU revision in the year 1991 and set aside the order dated 30.5.1988 passed by the Deputy Collector. Being aggrieved by such order of the respondent, the petitioners filed different petitions before this Court under Article 226/227 of the Constitution of India.

(2.) LEARNED Single Judge observed that the land owner had approached the City Deputy Collector for deletion of the term 'new tenure' - impartable land which was recorded under Entry No.1074 as back as on 1.2.1956 on the basis of the Government instructions under the Circular of 1955. Such entry was presumed to be correct and the the Deputy Collector just made alteration in such entry on mere asking. The Deputy Collector made order dated 30.5.1988 for deletion of words on extraneous consideration without recourse to the material on record and therefore, even if there was some delay in the action taken by the District Collector of SUO MOTU exercise of power, the same would not warrant interference. Learned Single Judge, however, recorded that the State Government has agreed to compute the premium for old tenure land on the basis of market price prevalent in the year 1999. But, since the parties are not at idem in respect of the premium, which may be payable by the present owners, the Court does not enter into the question about the amount of premium payable.

(3.) WE have heard learned advocates for the parties.