AYESHABEGAM SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Letters Patent Appeal under Clause 15 of the Letters Patent is filed by the original petitioners in Special Civil Application No.3188 of 2012 aggrieved by the judgment and order of the learned Single Judge dated 29.06.2016. By the aforesaid judgment and order the learned Single Judge dismissed the petition confirming the order of the Revisional Authority, viz. Secretary (Appeals), Revenue Department, respondent no.4 herein dated 25.01.2012 in Revision Application No.77 of 2006, which was directed against the order of respondent no.2- Collector, Junagadh dated 06.11.2006, which was passed in exercise of powers under section 79A of the Gujarat Land Revenue Code, 1879.

(2.) Government has given on lease, the land covered under Survey No. 653/ Paiki, ad-measuring 10 acres at Village Rahij, Taluka Mangrol, District Junagadh, to late husband of petitioner no.1, namely, Major K.S. Mohammad Ali for a period of 30 years on certain terms and conditions for the purpose of growing fruit bearing trees vide order No.Land/C/7195/65 dated 03.06.1965. It is stated that late husband of respondent no.1 was in Armed Forces, the said land was given to him on lease as per the policy of the Government. After the death of the original lessee, the land was mutated in the names of heirs. The appellants- petitioners have applied to the Government to grant the said land on permanent basis instead of leasehold rights. Considering the application of the appellants- petitioners, after calling for a report of the Collector, Junagadh, the respondent authorities were pleased to determine the value of the land vide order No.Land/1/C/ 2454 dated 23.05.1978, by fixing the price at Rs.1000/- per acre. The said land in question was therefore, granted on permanent basis for growing fruit bearing trees by continuing the original lease terms as well as with the condition of new tenure and impartible tenure attached to it.

(3.) The appellants herein have also made an application dated 23.08.2002 to convert the said land into old tenure, but the State Government vide communication dated 05.07.2003, informed the Collector that it cannot be converted to old tenure.