ODHAVJI NARSI RAJGOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is one of the owners of S. No. 131 situate in the city of Jamnagar. It admeasures 5 acres-37 gunthas. Since 1963 it forms a part of Jamnagar municipal area. It is the case of the petitioner that he and his sons partitioned the joint family properties on 13th Febr- uary 1959. S. No. 131 could not be the subject matter of that partition between them because there was a litigation in relation to it. On 6th September 1971 after the litigation had ended the petitioner got posses- sion of that land.

(2.) The petitioner alleges that he has been in debts since 1967. His debts include a debt which he owes to the Gujarat State Co-operative Land Development Bank Ltd. According to the petitioner he received notices from the Bank to pay up the debt which he owes to it. Meanwhile on 12th August 1972 the Gujarat Vacant Lands in Urban Areas (Prohibi- tion of Alienation) Act 1972 came into force (hereinafter referred to as the Vacant Lands Act). The petitioner wanted to sell a part of the land in question to pay up his debts. He therefore made under sub-sec. (2) of sec. 7 of the Vacant Lands Act an application to the State Government for exemption of alienation or transfer of his land from the provisions of the Act. The State Government by its order which is impugned in this petition refused to grant exemption.

(3.) It is that order which is challenged in this petition.