DUNGARBHAI MOTIBHAI PATEL Vs. COLLECTOR

JUDGEMENT

(1.) The petitioners have questioned the legality and validity of the judgment and order of the Gujarat Revenue Tribunal dated 7.4.1995 confirming the judgment and order of the Collector whereby the disputed land came to be forfeited, by filing this petition under Arts. 226 and 227 of the Constitution of India.

(2.) The father of the petitioners Motibhai Khodabhai was granted land admeasuring oacre-29 gunthas known as Ramwadi by the erstwhile Wadhwan State by virtue of a Lekh dated 28.11.1938 for the purpose of growing flowers, trees etc. on payment of Rs. 6/- per year on certain conditions (disputed land for short). In an inquiry by the Collector, it was revealed that no flowers or trees were planted and the disputed land was lying waste. Thus, action was initiated for breach of condition. The respondent- Collector conducted the inquiry and by his order dated 24.3.1988 it came to be held that there was violation of the conditions to the effect that land is lying waste and the petitioners have not made any attempt for growing or rearing flower trees. Thus, the grant came to be revoked.

(3.) Being aggrieved by the said order of the Collector, the petitioners had preferred appeal before the GRT under Sec. 9(1) of the Bombay Revenue Tribunal Act. The appeal came to be dismissed confirming the order of the Collector of forfeiture of the disputed land, by passing an order on 7.4.1995.