KAMUBEN NATHUBHAI KATARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged the order passed by the learned Single Judge in Special Civil Application No. 19523 of 2007 on 6/8/2007, whereby the learned Single Judge has dismissed the petition with costs of Rs. 2500/ on the ground of suppression of material facts.

(2.) Brief facts of the present appeal are that the petitioner was granted the land bearing Survey No. 39 of village Shamlaji admeasuring 8 acres by order dated 24/1/1992. Prior thereto, the State Government made full inquiry on 10.2.1988 and obtained reports and Collector. On 15.2.1989, the Government passed a Resolution giving benefit of granting land for maintenance for those families which did not have sufficient means to maintain themselves in the nature of maintenance grant. As stated above, on 24.1.1992, the appellant was given grant of the land bearing survey No. 39 of village Shamlaji admeasuring about 8 Acres by order of grant passed by the Collector, Himatnagar. The Collector had given such a grant after fully considering all the aspects of the matter and had specifically provided in the order that the said land is given to the appellant for personal cultivation and only for agricultural purpose. It has been provided that if the appellant does not cultivate the land and if she commits breach of any of the conditions of the grant then grant will be forfeited.

(3.) Learned Senior Advocate Mr. Sanjanwala appearing for the appellant contended that the learned Single Judge has committed an error in dismissing the petition only on the ground of suppression of facts without going into the merits of the matter. It is the case of the department that two facts have been suppressed that the husband of the appellant was a Government servant and the appellant was holding land at village Odh, which is 8 kms. away from the suit land.