MARK LABORATORIES Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners have questioned the legality and validity of the judgment and order passed by the President, Gujarat Revenue Tribunal, in Revision Application No. TEN. B. A. 817 of 1985 decided on 27-11-1989 whereby the orders dated 30-8-1983 and 7-5-1984 of the Deputy Collector and the Assistant Collector respectively came to be quashed and set aside, by filing this petition under Art. 226/ 227 of the Constitution of India.

(2.) The petitioners are the purchasers of parcel of lands for their industries from respondent Nos. 3 and 4. Respondent No. 2, Patel Kachrabhai Prahladbhai was the owner of land bearing block No. 1128 admeasuring H. 1-09-27 sq. mtrs. of village Bileshwapura, Tal. : Kalol. He wanted to transfer the land and, therefore, he made an application under Sec. 63 of the Bombay Tenancy and Agricultural Lands Act, 1948 (Tenancy Act) to the Deputy Collector, Mehsana on 27-8-1983 for permission to transfer the said land in favour of respondent No. 3 on the ground that the said company wanted to establish an industry on the land in question. The Deputy Collector, Mehsana, after holding an inquiry found that the application was genuine and was required to be granted. He, therefore, granted the application on 30-8-1983. The permission was granted by the Deputy Collector on certain conditions. The permission was granted to use the said land for industrial purpose and it was granted in favour of a private limited company, respondent No. 3.

(3.) On account of technical objections by some departments, the status of the transferee-company was changed and the promoters of the private limited company, respondent No. 3, had given up the idea of floating a private limited company and in turn constituted a partnership firm in the name of Rajkamal Re-rolling and Engineering Company. With the result, the original owner, respondent No. 2, made an application for granting permission to the said partnership firm. The Assistant Collector, Mehsana, by his order dated 7-5-1984 granted the said application for change in the name of transferee-partnership firm. The respondent No. 3 became the owner by virtue of registered sale deed dated 6-7-1984. Subsequently, the respondent No. 3 submitted an application to the Taluka Development Officer, Kalol for converting the said land into non-agricultural use. The Taluka Development Officer after making necessary inquiry, granted the said permission by order dated 16-10-1987.