NATWARBHAI RANCHODBHAI PATEL Vs. STATE OF GUJRAT

JUDGEMENT

(1.) The petition has been preferred by the petitioner challenging the order dated 09.10.2000 passed by the Respondent No.1 Special Secretary (Appeals), Revenue Department (hereinafter referred to as 'the SSRD' for short) in Revision Application No.SRD/LND/B/73 of 1981 at Annexure-B, whereby the Respondent No.1 has confirmed the order dated 12.03.1981 passed by the Respondent No.3 Deputy Collector, Rajpipla in the proceedings under section 73A of the Bombay Land Revenue Code (hereinafter referred to as "the Code" for short).

(2.) The short facts leading to the present petition are as under.

(3.) The petitioner had purchased the land bearing Survey No.163 admeasuring 9 acres, 12 gunthas belonging to Chindiapara village, Taluka Nandod, District Bharuch from the father of the respondent No.2 as per the registered saledeed executed on 20.03.1967. According to the petitioner, name of the petitioner was also mutated in the revenue record in that regard. The Respondent no.3 about 13 years of the sale issued notice on 15.01.1981 calling upon the petitioner to show cause as to why the sale of the land in question should not be declared invalid in view of section 73A of the said Code. The Respondent No.3 thereafter, passed the order dated 12.03.1981 holding that the petitioner was liable to be summarily evicted from the said land in question under section 79A for violation of section 73A of the Code. Being aggrieved by the said order the petitioner had preferred Revision application before the Respondent no.1, who vide the impugned order dated 09.10.2000 dismissed the said Revision Application and confirmed the order dated 12.03.1981 passed by the Deputy Collector. Hence, the present petition has been filed.