PATEL MANJIBHAI KALUBHAI Vs. VEERSANGBHAI SARDARBHAI

JUDGEMENT

(1.) THE short facts of the case are that the petitioner purchased the agricultural land by registered sale deed dated 2.8.1985 admeasuring 5 acres and 6 gunthas bearing Survey No.217 at Chitrasani. The proceedings before the Mamlatdar were initiated under Section 84C of the Bombay Tenancy and Agricultural Lands Act (hereinafter referred to as "the Act") being Case No.122 of 1988. On 1.2.1990 Mamlatdar passed the order observing that the father of the petitioner was an agriculturist and holding the land, but at a distance of 18 kms from the land in question and, therefore, as the land, which was purchased is at a distance exceeding 8 kms, the sale was declared invalid and the land was forfeited to the Government for disposal under Section 84C(4) of the Act. The petitioner carried the matter in appeal before the Dy. Collector being Appeal No.32 of 1990 and the said appeal came to be dismissed on 13.8.1990. It appears that the revision was preferred being No.572 of 1990 and the said revision vide order dated 19.12.1994 came to be dismissed for default. The petitioner preferred Application No.35 of 1995 for restoration, which also came to be dismissed as per the order dated 7.7.1995. Under these circumstances, the petitioner has approached this Court by preferring the present petition.

(2.) HEARD Mr.Acharya, learned Counsel for the petitioner and Mr.Soni, learned AGP for the State authorities.

(3.) IT may be recorded that when this petition was admitted on 25.7.1997, ad -interim relief came to be granted in terms of para 16(B), whereby the execution of the impugned orders were stayed and as a result thereof, the land is, up till now, not forfeited to the Government.