PUNJABHAI KALABHAI Vs. SPECIAL SECRETARY REVENUE DEPT

JUDGEMENT

(1.) This order shall dispose of Special Civil Application No.202 of 1993 filed by Punjabhai Kalabhai and Special Civil Application No.203 of 1993 filed by Hamirbhai Naranbhai Rathod. Shri Harin P.Raval, learned counsel for the petitioner in each of the cases, Shri N.D. Gohil, learned Assistant Government Pleader for the respondent Nos.1 to 4 and Shri Jagdish Mehta under the authority of Mr.Yogesh S.Lakhani, learned counsel appears for the respondent No.5.

(2.) As the facts of the two cases are interwoven, I will record joint facts of both the cases. Somewhere in the year 1982, Hamirbhai Naranbhai Rathod, petitioner of Special Civil Application No.203 of 1993 made an application to the Assistant Collector for grant of 6 Acres of land out of Part of Survey No.69 on lease for a period of 30 years enabling him to grow fruit bearing trees. The said application was allowed by the Assistant Collector on 26/1/1983, the petitioner was later-on given possession of the property and after obtaining the property, he developed fruit bearing trees.

(3.) Punjabhai Kalabhai ? petitioner of Special Civil Application No.202 of 1993 also made an application for allotment of 6 Acres of land out of Survey No.69 for growing fruit bearing trees. The said application came to be rejected by the Assistant Collector, Veraval on 2/5/1985. The said Punjabhai Kalabhai, being aggrieved by the said order of rejection, filed an appeal before the District Collector, who by his order dtd.12/11/1986 allowed the appeal filed by Punjabhai Kalabhai and directed grant of 6 Acres of land out of Survey No.69. Punjabhai Kalabhai was later-on issued a notice from the side of the Government on 3/2/1988 to show cause as to why the order dtd.12/11/1986 be not quashed and set aside.