HOTEL GURU PRERANA Vs. NIRANJAN JAYANTILAL THAKER

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner " Hotel Guru Prerana, a proprietary firm of Shri Mansukhlal V.Barai challenges the order dated 5th January, 1991 passed by the respondent No.4 Special Secretary, Revenue Department (Appeals), in Revision Application No. SRD/JMN/JNR/17/90 (Annexure "C"), and prays that the decision of the respondent No.3, Dwarka Nagar Panchayat, dated 16th April, 1986 (Annexure "A") as well as the order dated July, 1986 of the respondent No.2 - Collector, Jamnagar (Annexure "B"), be confirmed. It may be noted that the respondent No.3 Dwarka Nagar Panchayat has subsequently been converted into Dwarka Nagar Palika.

(2.) The facts of the case are that, by an application dated 23rd March, 1986, one Upendra V. Somani, Partner of Guru Prerana Enterprises, made an application before the Dwarka Nagar Panchayat requesting for grant of a plot of land adjoining the firm's existing Hotel, namely Guru Prerana Hotel (hereinafter referred to as the "subject land"). Pursuant to the said application, Dwarka Nagar Panchayat, in its General Board Meeting held on 16th April, 1986, by resolution No.11(4) gave its unanimous approval for the grant of land in favour of the applicant, and forwarded the same to the Deputy Collector and the Collector, Jamnagar for taking necessary action thereon, and informed the petitioner accordingly, vide communication dated 21st April, 1986.

(3.) In the meanwhile, as averred in the petition, on 8th July, 1986, the original partnership firm was dissolved and Guru Prerana Hotel appears to have taken over by the petitioner, a proprietary firm of one Shri Mansukhlal V. Barai. By an order dated July 1986, the Collector, Jamnagar approved of the aforesaid decision of the Dwarka Nagar Panchayat (respondent No.3 herein) and fixed the market value of the subject land at the rate of Rs.75/- per square metre and determined the total market price at Rs.75,187=50. Pursuant to the aforesaid order, the petitioner paid the aforesaid amount and on 14th August, 1986, entered into an agreement with the said Nagar Panchayat, which was duly registered on 21st August, 1986 before the Sub Registrar, Kalyanpur, District Jamnagar.