KOLI NANJI MOTIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants are the original plaintiffs who have challenged the order of the Revenue Authorities, allotting the lands in their possession to respondents Nos. 4 to 11.

(2.) The appellants -plaintiffs filed a suit, being Civil Suit No. 469 of 1971 in the Court of the learned Civil Judge, Senior Division, Bhavnagar, for a declaration that they are in possession of various pieces of land, which was a Gharkhed land of the Girasdars. On application of the Gujarat Agricultural Lands Ceiling Act, 1960 (hereinafter referred to as 'the Act'), the said lands were considered as surplus lands of the Girasdars, and according to the plain - tiffs, the Sub -Divisional Assistant Col - lector, Palitana, by his order dated 30 -4 -1971 in Land Work No. 73 of 1971, passed an order allotting the suit lands to other persons without hearing the plaintiffs. The plaintiffs also prayed that the said allotment be declared as illegal and void and not binding to them. They have stated that they are the permanent tenants of the suit lands, and that even on the ground of priority the said lands ought to have been allotted to them. They, therefore, asked for a permanent injunction against the defendants restraining them from taking the possession of the suit lands.

(3.) Defendants Nos. 1 to 3, filed their written statement, contending inter alia that by an order dated 2 -1 -1971, the Mamlatdar, Botad, had temporarily given the suit lands to the plaintiffs only for one year, i.e. upto 31 -3 -1971, pending the allotment proceedings of the said lands, and that after the order was passed by the Deputy Collector about the allotment of the suit lands, the said lands had been handed over to Bhangi Sura, Moti Bhikha, Duda Samat, Hira Karshan and Kuka Ala on 10 -7 -1971, under a regular panchnama.