KANKUBEN HARIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is before this Court alleging that the predecessor of the petitioner Harijan Hira was in occupation and possession of land bearing Survey No.180 paiki admeasuring Acres 5 Gunthas 20 in village Mota Mava, Taluka and District Rajkot since the year 1957.

(2.) Subsequently, in the year 1977, a Peshkadmi Case came to be initiated against the said Harijan Harji Hira, who is the husband of the applicant - Kankuben. In those proceedings, the Mamlatdar, Rajkot imposed a penalty of 20 times the assessment of the land being Rs.300.00 for unauthorized occupation and possession of the land in question. Again in 1981, a notice under Sec. 152 of the Gujarat Land Revenue Code, 1879 was issued and sum of Rs.443.00 was payable as on 1/8/1980 as per the land revenue and that if the same is not paid, penalty was to be imposed upon the petitioner. Similar, notices in 1992 and 1993 have been issued. The case of the petitioner is that he is seeking regularization of the land, as also challenging the notice dtd. 21/5/2025 issued by Mamlatdar, the order dtd. 9/5/2022 passed by the Collector, as also order dtd. 3/3/2017 passed by SSRD in this petition. It is his case that despite similarly situated individuals having been permitted regularization of land, his case is not considered favourably and this is against the principle of equality enshrined in Constitution of India.

(3.) The petition is vehemently opposed by learned AGP Ms.Pooja Chaudhary appearing for the respondent - State.