STATE OF GUJARAT Vs. KUNJALBHAI LALITBHAI PATEL

JUDGEMENT

(1.) The instant Letters Patent Appeal is directed against the judgment and order dtd. 12/3/2020 passed by the learned Single Judge issuing directions to the Collector to consider the claim of the petitioner for regularisation of the sale transaction in favour of the petitioner in accordance with the provisions of the Government Resolution dtd. 17/3/2017 within a period of three months from the date of receipt of the copy of the order.

(2.) In the original writ petition, the petitioner sought relief in the nature of directions commanding the respondent No. 2 Collector to regularize the sale transaction in favour of the petitioner by determining the requisite premium of the land-in-question in accordance with law with the contention that the petitioner is ready and willing to pay the premium as may be calculated by the Collector. While issuing the directions noted hereinabove, the learned Single Judge has allowed the writ petition by setting aside the orders passed by the Revenue Authorities in the proceedings of breach of conditions and resumption of the land-in-question.

(3.) Challenging the order passed by the learned Single Judge, it was vehemently argued by the learned Assistant Government Pleader Mr. K.M. Antani appearing for the State appellants that the learned Single Judge has erred in setting aside the orders passed in the proceedings conducted by the revenue authorities resulting into the resumption of the land-in-question, when those orders have not been challenged in the writ petition. Moreover, the petitioner had approached the Writ Court without adverting to the remedies available to him under the Revenue Laws, thus, bypassing the alternative statutory remedy available at the relevant point of time. The contention, thus, is that the writ petition deserves to be dismissed as non-maintainable on this ground only.