DILAVARSINH KHODUBHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Letters Patent Appeal, originally, was filed against the judgment and order dated 28.04.1994 passed by the learned single Judge in the captioned writ petition. The coordinate Bench of this Court disposed of this Letters Patent Appeal vide judgment and order dated 17.06.2008 whereby, the judgment and order dated 28.04.1994 passed by the learned single Judge was quashed and set aside and the matter was remitted to the competent authority for appropriate decision on the request of the appellantpetitioner for exemption u/s.20 of the Urban Land Ceiling Act, 1976 (for short, "the Act"). The State Government preferred Appeals being Civil Appeals No. 35933594 of 2012 before the Apex Court. The Apex Court partly allowed both the appeals, vide judgment and order dated 17.04.2012 whereby, for consideration of only one point, which shall be discussed elaborately at a later stage, the matter was remitted to this Court. Hence, this Letters Patent Appeal is taken up for consideration in light of the judgment and order dated 17.04.2012 passed by the Apex Court.

(2.) THE facts in a nutshell are as under;

(3.) MR . Shalin Mehta learned Senior Advocate appearing with Mr. Ramnandan Singh for the appellant, original petitioner, submitted that possession was alleged to have been taken over on 27.06.1989, however, the said possession is a paper possession only in view of the fact that panchas are named but they were never traced out nor their addresses were available. In fact, no affidavit of any of the panchas was ever filed before the learned single Judge or in this proceedings or in the proceedings before the Apex Court. It was submitted that the thumb impression of one of the panchas does not show which thumb impression was taken. Neither the Deputy Collector nor the Mamlatdar is shown to be have taken the possession. In fact, it is the Incharge Mamlatdar who has signed the panchnama and he is not authorized to take possession. The panchanama of Vada does not bear the signature of panchas nor even there is signature of the Incharge Mamlatdar on the panchnama of Vada. Panchas from Village Nana Mava are not selected and panchnama of which land was to be done was not known to such panch. Thus, it is clear that the panchnama was prepared in the Mamlatdar's Office and it is paper adjustment only.