PUNJABHAI JETHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition under Article 226 and 227 of the Constitution of India, the petitioner challenges the order dated 30th June 1995, passed by the State Government (Annexure F ); the order dated June 1993, passed by the Collector, Sabarkantha (Annexure E ); the order dated 29th May 1989, passed by the Deputy Collector, LAND-8 Scheme, Sabarkantha, Himmatnagar (Annexure D ); as well as the order dated 13th January 1989 passed by the Collector, Sabarkantha (Annexure C ). The petitioner prays that the order dated 21st May 1984, passed by the Deputy Collector, Land Scheme 11, Visnagar, (Annexure B ) be confirmed.

(2.) The short facts of the case are that the petitioner Patel Punjabhai Jethabhai who was the owner of land admeasuring 2 Acres 11 gunthas of Survey No.101 of village Bundheli, Taluka Bhiloda, transferred the said lands to one Manglaji Dhanaji Bhagora in exchange for lands admeasuring 2 acres of Survey No.94/2 of the same village owned by the said Mangalaji by way of a registered deed. The Deputy Collector, Land Scheme 11, Visnagar was of the view that the said transfer was in breach of the provisions of section 73A of the Bombay Land Revenue Code, 1879 (the Code) in that the lands which stood in the name of Manglaji who was a tribal, were of restricted tenure under section 73A of the Code, he, accordingly, registered a case and issued notices to the parties.

(3.) The Deputy Collector, after hearing the parties and recording the evidence led by them, found that the aforesaid transfer did not in any manner prejudice the interest of the tribal occupant and that to the contrary the same was for his benefit. He accordingly, by an order dated 21st May 1984, upheld the transaction of exchange and dropped the proceedings under section 73AA of the Code.