STATE OF GUJARAT Vs. NATWARLAL MOHANLAL SHAH

JUDGEMENT

(1.) The short facts of the case are that on 17-2-1979, the proceedings of inquiry for the Songadh City Survey being C.T.S. No. 24 were initiated and the Inquiry Officer had declared that the land bearing No. 39 admeasuring 809.37 sq. mtrs., is of ownership of Shri Natwarlal Mohanlal. The matter was carried before the Dy. Collector by Shri Natwarlal Mohanlal Shah-respondent herein being C.T.S. No. 2 of 1979 and the Dy. Collector, Vyara in the order dated 9-7-1979 found that there is some over-writing qua the area of the land, and therefore, cancelled the order of the Inquiry Officer and remanded the matter. It appears that thereafter the City Survey Officer examined the matter and found that there is over-writing of the area over the area and there are erosions and abrasions in the measurement of the land and he found that it is not clear as to what exactly the area was being held and further the land was granted on lease for 30 years and the sale had taken place without prior permission. Therefore, he passed the order on 25-7-1983, whereby he declared the ownership of the land as that of the State Government and further declared that the respondent has made encroachment over the said land. The respondent carried the matter before the Dy. Collector in Appeal No. 148 of 1983. However, the said appeal was dismissed as per the order dated 4-6-1984. The respondent further carried the matter before the Collector being Appeal No. 100 of 1985 and the District Collector also as per the order dated 4-4-1985 dismissed the appeal. The respondent further carried the matter before the Gujarat Revenue Tribunal being No. T.N.A.S. No. 3 of 1985 and the Tribunal as per the judgment dated 25-8-1989 allowed the revision and set aside the order passed by the Mamlatdar and City Survey Officer, its confirmation thereof by the Dy. Collector and the Collector declared that the appellant is the owner of land Section No. 1320 admeasuring 9 gunthas - 1089 sq. yards. It is under these circumstances, the State Government has approached this Court by preferring the present petition.

(2.) I have heard Mr. Mengdey, learned A.G.P. for the petitioner-State of Gujarat, and I have also heard Mr. Mehta, learned Counsel for the respondent.

(3.) Upon the earlier order passed by this Court, the Asst. Government Pleader was directed to make the original record available for the perusal of the Court and the same is also considered being relevant while deciding the matter.