LAXMICHAND MAFATLAL HERUWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . The order passed by and on behalf of the State Government (respondent No. 1 herein) on 28/06/1985 under Sec. 211 of the Bombay Land Revenue Code, 1879 (the Code for brief) is under challenge in this petition under Art. 227 of the Constitution of India. By its impugned order, respondent No. 1 set aside the order passed by the Collector of Banaskantha at Palanpur (respondent No. 2 herein) on 2/02/1985, by which order respondent No. 2 granted to the petitioner one piece of land admeasuring 192.31 square metres (83 ft. x 26 ft. = 2,158 sq.ft.) from Government land bearing Sheet No. 38 (Part) situated at Nava Deesa, taluka Deesa (the disputed land for convenience).

(2.) . The facts giving rise to this petition move in a narrow compass. The petitioner is a Government servant. He applied on 25/05/1983 for grant of a piece of land admeasuring 40 ft. x 26 ft. from Government land bearing Sheet No. 38 situated at Nava Deesa, taluka Deesa as he had no residential house in the town. Its copy is at Annexure-A to this petition. It appears that his application was not considered. Thereupon, he made another application to respondent No. 2 on 31/07/1984 praying for grant of a little larger piece of land admeasuring 83 ft. x 26 ft. in all admeasuring 2,158 sq.ft. (192.31 square metres) for his residence. Its copy is at Annexure-B to this petition. By his communication of 16/01/1985, respondent No. 2 informed the petitioner that the latter's application was under consideration and the land could be granted at the price of Rs. 65.00 per square metre and the amount in the sum of Rs. 12,500.00 might be paid within 21 days and the receipt thereof might be submitted to the Collector. Its copy is at Annexure-C to this petition. It appears that, pursuant thereto, the petitioner paid up Rs. 12,500.00 on 19/01/1985. A copy of its receipt is at Annexure-D to this petition. Thereafter, by his order passed on 2/02/1985, respondent No. 2 granted the disputed land in favour of the petitioner on certain terms and conditions. Its copy is at Annexure- E to this petition. It appears that, pursuant thereto, a possession receipt was passed on 2/02/1985. Its copy is at Annexure-F to this petition. It appears that respondent Nos. 3/1 to 3/7 (the contesting respondents for convenience) were aggrieved by the aforesaid order at Annexure-E to this petition. They, therefore, carried the matter in revision before respondent No. 1 under Sec. 211 of the Code. After hearing the parties, by the order passed on 28/06/1985, respondent No. 1 accepted the revisional application and set aside the order passed by respondent No. 2 at Annexure-E to this petition. A copy of the aforesaid order passed on 28/06/1985 is at Annexure- G to this petition. The aggrieved petitioner has thereupon approached this Court by means of this petition under Art. 227 of the Constitution of India for questioning the correctness of the order at Annexure-G to this petition.

(3.) . Both the learned Assistant Government Pleader Shri Sompura for respondent Nos. 1 and 2 and learned Advocate Kum. Shah for the contesting respondents have submitted that this petition under Art. 227 of the Constitution of India is not maintainable. Thereupon, learned Advocate Shri Patel for the petitioner has orally applied for permission to treat this petition as also under Art. 226 of the Constitution of India. This oral request is accepted and this petition is ordered to be treated as also under Art. 226 of the Constitution of India on payment of the deficit Courtfees, if any, within fifteen days from today.