DESAI MAFATLAL RAJMALBHAI Vs. COLLECTOR BANASKANTHA

JUDGEMENT

(1.) The petitioner has challenged the action of the respondent-authority in not renewing the period of lease and order passed by respondent No. 1-Collector at Banaskantha whereby the Government land in question was put to public auction for lease.

(2.) The petitioner has been doing his business in the name of Desai Hasmukhlal Mafatlal and Co. at Tharad on land admeasuring about 1004 Sq. Mt. out of Survey No. 327 which was given to him by the respondent authority on lease. The petitioner who is a lessee got possession of the disputed land for business on 25.1.1962. Initially the period of lease was for one year granted by the respondent-authority under the Bombay Land Revenue Code. The lease was being renewed from time to time on revision of the rent till 31st July 1977.

(3.) Before the expiry of the renewal of the last lease period the petitioner had applied for renewal on 10.6.1977 and on 29.6.1977. He had also shown readiness to purchase the leasehold land. He also got recommendation from the Panchayat. However the respondent authority did not renew the lease. The petitioner was served with a show cause notice dated 21.12 by the Mamlatdar of Tharad. The petitioner was directed to vacate the disputed land and hand over the possession on expiry of the last renewal period of lease. The petitioner had not vacated and had not handed over the possession. Therefore the show cause notice was issued under Sec. 61 of the Bombay Land Revenue Code for unauthorised use. The petitioner was directed to appear on 11.1.1982 at 11-00 Oclock for personal hearing pursuance to the notice under Sec. 61. The notice was replied by the petitioner. The contention of the petitioner is that he has not encroached upon the land and he has requested for renewal of lease and since he is in possession of the disputed land the lease should be renewed.