MUMAN YUSUF RASUL HAFIJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition, the petitioners challenge the order dated 25th September, 1995 passed by the Additional Mamlatdar & Agriculture Land Tribunal, Patan (Annexure SE ), the order dated 26th September, 1997 passed by the Deputy Collector, Land Reforms, Mehsana (Annexure SF ) and the order dated 22nd December, 1998 passed by the Gujarat Revenue Tribunal in Revision Application No.TEN/BA/53/1998 (Annexure SG ).

(2.) The facts of the case are that the respondent No.3 Agricultural Produce Market Committee, Patan decided to establish a Sub-Market Yard at Village Ranuj for the benefit of the farmers in the surrounding villages. For the purpose of establishing the Marketing Yard, the respondent No.3 purchased several parcels of land in Village Ranuj, including the lands bearing Survey No.1338 admeasuring Acres 4 30 Gunthas and Survey No.1339 admeasuring Acre 1 30 Gunthas (hereinafter referred to as Sthe subject lands ), after obtaining permission under Section 63 of the Bombay Tenancy & Agricultural Lands Act, 1948 (the Tenancy Act) from the Deputy Collector, Land Reforms, Patan. Thereafter, the respondent No.3 had plotted out the land of the aforesaid two survey numbers into thirty-six plots, for the purpose of being allotted to the members of the Sub-Market Yard proposed to be established at the relevant time. However, after purchasing the said land, the respondent No.3 had to pass through difficult times and therefore, could not establish a Sub-Market Yard at Ranuj. Therefore, the State Government had, at the instance of respondent No.3, issued appropriate notification de-notifying the said Sub-Market Yard under the provisions of the Gujarat Agricultural Produce Markets Act, 1963.

(3.) Thereafter, the respondent No.3 decided to sell the subject lands by public auction and also prescribed certain conditions for such auction. The auction had taken place on 13.7.1986 for the sale of the aforesaid two survey numbers. The petitioners were interested in purchasing the lands bearing Survey Nos.1338 and 1339 of Ranuj Village as they were already owning, possessing and cultivating the lands bearing Survey Nos.1336 and 1337, which are situated just adjoining the aforesaid two survey numbers of respondent No.3.