HARIJAN VITHALBHAI MADHAVBHAI Vs. KRISHNAMURTHY THE COLLECTOR BARODA

JUDGEMENT

(1.) The petitioner has been in possession of survey No.33 admeasuring Acre 1-33 Gunthas of village Utraj in Sinor Taluka of Baroda District. It was first granted to him on an Eksali lease by the Government for the year 1961-62. That lease was renewed from year to year until 1963-64. It was not renewed thereafter. The assessment of the land is Rs. 10-12 ps. After the expiry of the agricultural year 1963-64 the petitioner continued to be in unauthorised possession of that land. He wanted a permanent grant of that land to be made in his favour. He therefore made an application for that purpose to the Mamlatdar of Sinor. The Mamlatdar made his recommendation on that application and forwarded it to the Collector of Baroda. The Collector Baroda made an order on 25th July 1969 by which he granted the land to the petitioner.

(2.) The petitioner was required to pay to the Government the price of the land under sec. 62 of the Bombay Land Revenue Code and penalty for unauthorised occupation of that land from 1964-65 onwards. The Collector fixed Rs. 4500.00 as the price of the land and he demanded of the petitioner Rs. 11250.00 being 21/2 times the price of the land for fine penalty. This is what he has stated in his order in that behalf. That 2 1/2 times the panchkyas price i.e. Rs. 4500.00 will be liable and would come to Rs. 11 250 and that would be the amount which would be recoverable as fine for retaining the possession.

(3.) The petitioner challenges in this petition not the order of grant but the fixation of the amount which he is called upon to pay. Since he failed to pay to the Collector Rs. 11250.00 a notice of eviction has been issued to him. He therefore challenges in this petition that notice of eviction also.