DEVSHANKER AMBALAL JANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition under Art. 227 of the Constitution of India, the question has arisen as to whether the survey settlement of land revenue undertaken by some authority and accepted by the State Government would become survey settlement under Bombay Land Revenue Code and what is the interpretation and the applicability of the provisions of Secs. 73-A, 117-R and Sec. 216 of the Bombay Land Revenue Code, 1879 (B.L.R. Code) are the main questions which have come to the surface for examination and adjudication.

(2.) . The petitioners have questioned the legality and validity of the order passed in revision by the respondent No. 1, State of Gujarat, recorded, on 30-11-1993, confirming the order of the Collector passed, on 15-9-1992, directing the petitioner to hand over possession of agricultural lands bearing survey Nos. 655 and 656 (disputed lands) on the ground that there is breach of the provisions of Secs. 73- A and 73-AA of the B.L.R. Code.

(3.) . The land admeasuring 9 acres and 30 gunthas and 0. 37 guntha bearing survey Nos. 655 and 656 respectively situated, at Moje Mou, Taluka Idar, District Sabarkantha, came to be surveyed and settled in the year 1934 by the Erstwhile State of Idar. The respondent No. 1, State of Gujarat, issued a notification in exercise of powers conferred under Sec. 73-A of the B.L.R. Code applying the said section to the land situated within the area specified in the Schedule. The notification came to be issued on 4-4-1961.