NARAYANLAL DAYALAL RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has challenged the order dtd. 29/3/2011 passed by the Gujarat Revenue Tribunal in Revision Application No. TEN/BA/103 of 2008 whereby the Gujarat Revenue Tribunal confirmed the order dtd. 29/2/2008 of the Deputy Collector who confirmed the order dtd. 21/4/1986 passed in Ganot Case No. 631 of 1985. Vide order dtd. 21/4/1986, the Mamlatdar and ALT, Gandhinagar decided the Tenancy Case No. 631 of 1985 against the present petitioner in respect of an application under Sec. 32 P and held that the land in question was sold in contravention of provision of Sec. 63 of the Tenancy Act and therefore, the sale was declared to be invalid and was directed to be vested into Government, if the original position is not restored within a period of 90 days and upon expiry of period of 90 days, the Government was directed to take possession of the land and initiate the proceedings under Sec. 84 (C) (4) of the Tenancy Act. The aforesaid order was challenged after a period of 20 years by preferring an appeal against the order dtd. 21/4/1986 being Tenancy Appeal No. 35 of 2006 before the Deputy Collector, Land Reforms, Gandhinagar and on the ground of 20 years unexplained delay, the aforesaid appeal was rejected vide order dtd. 29/2/2008. The petitioner challenged the aforesaid order dtd. 29/2/2008 by preferring Revision Application No. TEN/BA/103/2008 before the Gujarat Revenue Tribunal and even the Gujarat Revenue Tribunal also by way of impugned order dtd. 29/3/2011 rejected the revision application and that is how the petitioner has preferred this petition against the concurrent findings.

(2.) Heard learned advocate Mr. Vaibhav Vyas for the petitioner and learned AGP Mr. Nikunj Kanara for the respondent - State.

(3.) In this petition, notice was issued on 31/1/2012 and thereafter, on 16/9/2013 rule was issued and status quo qua the subject land was directed to be maintained by the parties.