ADAMBHAI JANMAHMAD Vs. COLLECTOR BANASKANTHA

JUDGEMENT

(1.) The petitioner has challenged the judgment and order passed in Revision on 16-5-1984 by respondent No. 4-State of Gujarat confirming the order C. A. No. 789 of 1992 against the judgment and order passed by State of Gujarat in Revision. 1997 J.457 of the Collector, Banaskantha in Appeal No. 95 of 1983 dated 15-10-1983 and also the order of the Deputy Collector, Palanpur in Case No. 12 of 1983 dated 20-2- 1983.

(2.) The petitioner is found to have committed breach of the terms of grant of new tenure land in dispute. Respondent No. 2 Deputy Collector, Banaskantha, Palanpur by his order dated 20-2-1983 in Case No. 12 of 1983 found that agricultural properties bearing Survey Nos. 298/4 admeasuring 2 acres-15 gunthas and 298/2 admeasuring 1 acre-3 gunthas are transferred in violation of grant of new tenure land. Notice under Sec. 7 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 ('Fragmentation Act' for short) came to be withdrawn by the impugned order of the Deputy Collector. The disputed land came to be forfeited to the Government on the ground of transfer of land contrary to new tenure condition and without permission of the authority. It is mentioned in the impugned order of the Deputy Collector that notices were given for breach of provisions of the Fragmentation Act and also for violations of the terms and conditions of grant of new tenure land. The order of the Deputy Collector came to be questioned by the petitioner in Appeal No. 95 of 1983 before the Collector, Banaskantha which came to be dismissed on 15-10-1983. The petitioner, therefore, filed a Revision under Sec. 211 of the Bombay Land Revenue Code before respondent No. 3, State of Gujarat which also came to be dismissed on 16-4-1994. Hence, this petition under Arts. 226 and 227 of the Constitution of India.

(3.) The respondent-authorities have passed the impugned orders on the ground of illegal transfer of the disputed land in violation of grant of new tenure land and without permission of the competent authority, while dropping the notice for breach of provisions of the Fragmentation Act.